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(영문) 서울중앙지방법원 2016.01.07 2015고단6391
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 28, 2014, the criminal defendant against the victim D made a false statement to the victim E, a corporation located in the Gangnam-gu Seoul Special Metropolitan City Hun-ro A, 745-ro A, 327, Gangnam-gu Automobile Trading Complex, Gangnam-gu, Seoul, that “I would sell FBelgium-ro, E owned by E to KRW 13.5 million.”

However, on December 12, 2013, the above Belgium car had already been set up a right to collateral security equivalent to KRW 5.75 million in the face value of the claim in the name of Hyundai Bath Capital Co., Ltd., and on December 18, 2014, G was set up a right to collateral security equivalent to KRW 54 million in the face value of the claim in the future as of December 18, 2014, and the Defendant had no intention or ability to accept the registration of transfer of ownership in a normal manner after cancelling the right to collateral security established on the vehicle.

As such, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10 million on the same day as the purchase price of vehicles from the victim; (c) received KRW 2 million from the same account under the name of the Defendant; and (d) received KRW 1.5 million from the same account on March 9, 2014 to the same account on March 17, 2014, and acquired KRW 13.5 million in total.

2. Around May 31, 2014, the Defendant made a false statement to the victim H at the office E, Inc., E, the victim H, stating that “after having sold the Iben vehicle under the name of E, the victim would have transferred the name to the victim, the amount of KRW 28.5 million.”

However, in fact, if the above passenger car was put to a public auction in the name of E, the defendant thought that the above passenger car was to receive a loan equivalent to KRW 40 million from Hyundai Capital Co., Ltd. as a security, and therefore, the defendant had no intention or ability to make a registration for transfer of ownership of the above passenger car to the victim normally.

On May 31, 2014, the Defendant, by deceiving the victim, received 28.5 million won from the victim to the account under the name of the E Co., Ltd. on the part of May 31, 2014.

3. The Defendant against the victim J is the Seoul around March 6, 2015.

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