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(영문) 의정부지방법원 2016.02.05 2014고단4647
사기
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2] On November 25, 2010, the Defendant was sentenced to three years of imprisonment due to fraud, etc. in the Jung-gu District Court Goyang branch on July 23, 2013, and the execution of the sentence was terminated in the Jung-gu District Court on July 23, 2013. On December 15, 2014, the Defendant was sentenced to five months of imprisonment due to fraud, etc. at the Jung-gu District Court on February 23, 2015.

[2014 Highest 4647]

1. On September 3, 2013, the Defendant made a false statement to the effect that “The Defendant would not operate his/her business on the part of the victim E located in Dobong-gu Seoul Metropolitan Government, on the part of the victim E, because there is no vehicle for which he/she works in the automobile trading company, and there is no vehicle for which he/she does.” The Defendant purchased the vehicle under the name of thep, and paid the money by purchasing the vehicle in the name of thep, and then pay the money to him/her.”

However, at the time of fact, the defendant had no intention or ability to pay the debt amounting to 500,000,000 won or more without any particular property or income, and there was no intention or ability to pay the installment amounting to 806,706 won between 36 months and

The Defendant, by deceiving the victim as such, had the victim purchase a F rocketing vehicle under the name of the victim and received delivery, and then paid a total of KRW 29,041,418, the sum of KRW 3900,000 in installments, and had the victim pay an installment of KRW 25,141,418, and had the victim obtain pecuniary benefits equivalent to that amount.

2. On January 16, 2014, the Defendant made a false statement to the effect that “The Defendant, at the same place as the above paragraph 1 of the above, arranged the installments of the rocketing-to-be vehicle already used in the name of thener, and the Aridi vehicle shall be responsible for all the installments, etc., and thus shall not cause damage to widths.”

However, at the time of fact, the Defendant could not have been able to return the said rocketing vehicle by providing it as security for other obligations. Therefore, the Defendant could not sell or return the vehicle and arrange installments as stated in the above paragraph 1.

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