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(영문) 대전지방법원 2017.10.19 2016고단4200
사기등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall pay 94 million won to the applicant D. The above order shall be issued.

Reasons

Punishment of the crime

The Defendant, from around 2012 to around 2012, is a person who is engaged in the heavy trading of used cars in the “G” located in the Seo-gu Daejeon World Trade Complex.

From around April 2004, the Defendant was in bad credit standing because it was unable to repay the card price of KRW 13 million, and was unable to repay the borrowed money normally from the neighbors due to a total of KRW 300 million debt around April 2015, the Defendant acquired money from the victims under the name of the purchase price for used cars and used it to pay the Defendant’s personal debt, etc. In order to prevent the return of the money.

1. Fraudulents and occupational embezzlements to victims E;

A. On April 8, 2015, the Defendant related to the purchase price of used cars can get the victim E from sunrise apartment near the school located in the Daejeon Pungdong, Daejeon Pungdong, to get a big profit if he/she has a good motor vehicle run in the water.

On January 3, 2016, if the purchase price of the vehicle is lent, the proceeds and the borrowed money will be repaid until January 3, 2016.

“.....”

However, at the time of fact, the defendant was scheduled to use the money received from the damaged person to pay his personal debt, so even if he received the money from the damaged person as the purchase price for used cars, he did not have the intention or ability to pay the principal and profit to the injured person.

As above, the Defendant, including by deceiving the victim and receiving 15 million won from the injured party on the same day, was remitted from the injured party on the same day, 15 million won on the 10th of the same month, around 16th of the same month, KRW 15 million on the 15th of the same month, and KRW 15 million on the 22th of the same month, and the same year;

6. Around 17.17. It received a remittance of KRW 88 million in total on five occasions, including KRW 28 million.

Accordingly, the defendant deceivings the victim and defrauds 88 million won in total.

B. On January 26, 2016, the Defendant involved in the money appropriated for inventory financing is not more than Daejeon.

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