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(영문) 울산지방법원 2015.12.17 2015고단2446
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was using money as living expenses, etc. from several groups of financial institutions because he was unable to receive the money previously from the Cagency in Ulsan-gu, Ulsan-gu to the business director, and there was a balance of the loan of several million won in the economic difficult situation.

The Defendant, for the foregoing reasons, received the price from the customers who want to purchase, sell, lease, etc. vehicles, but did not use it for the above purpose, and did not think that it was used for personal purposes, but did not conceal it and acquired the money from the victims by fraud.

1. On February 2015, the Defendant, against the victim D, made a false statement to the victim that the victim D, who was aware of the victim D, wanted to purchase a rocketing 1 unit, and that the victim “I wish to take the 100,000 won a single unit as a down payment and then deliver the vehicle to the victim if I want to take the delivery money, etc. later.”

However, the Defendant thought that the above money was used for futures option investment, etc., and thus, the Defendant did not have any intention or ability to deliver the said money even after receiving it from the victim.

Nevertheless, on February 23, 2015, the Defendant, by deceiving the victim as above, received 35 million won from the Suhyup Bank account in the name of the Defendant on the pretext of vehicle delivery and registration expenses from the victim and acquired it by fraud.

2. On April 24, 2015, the criminal defendant against the victim F made a false statement to the above agency that “The victim F was purchased by the Defendant for the lease of G rocketing car prior to the foregoing agency, the monthly rent of KRW 100,000 may be discounted to the extent of KRW 4820,000 if the lease deposit exceeds the maximum amount of KRW 4,820,000.”

However, even if the defendant receives the increased amount of lease deposit from the victim, it shall be paid.

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