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(영문) 수원지방법원 2016.02.03 2015고단5813
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 8, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon Friwon method and was pending in the appellate trial on the same case in the same court.

On August 23, 2013, the Defendant of the 2015 order 5813, the Defendant: (a) on August 23, 2013, the Defendant: (b) at the coffee shop near Suwon-gu, Suwon-si, 3, in order to provide the victim C with the name of purchase and loan of 5 million won. (c) If the Defendant fully pays KRW 5 million, the vehicle and loan will be transferred in the name of the vehicle.

“The purpose of “ was to make a false representation.”

However, the defendant is expected to use the above vehicle as a so-called vehicle, so even if the victim fully pays the money, there was no intention or ability to transfer the name of the vehicle and loan to the defendant.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to pay the loan amount of KRW 28 million to the Nonghyup Capital; and accordingly, (c) caused the said Nonghyup Capital Co., Ltd. to pay the purchase price of the DF car; and (d) acquired pecuniary benefits equivalent to the said amount by taking over the said vehicle.

"2015 Highest 5844"

1. On September 23, 2013, the Defendant: (a) false statement to the effect that “F will sell a low-priced passenger car; (b) would not transfer the name of the Party, but may transfer it to the normal name for three months; and (c) on December 2013, the Defendant: (a) made it false statement to the effect that “F may have a vehicle similar to the above low-priced passenger car: (b) sold the said high-priced passenger car and borrowed money; and (c) made F sell the said high-priced passenger car to the victim E; (b) around December 23, 2013, the Defendant sold the said high-priced passenger car at the underground parking lot of heading H509, Ho-gu, Howon-gu, Gyeonggi-gu, Seoul Special Metropolitan City.

However, the above-mentioned low-priced vehicle was owned by I, and I provided the defendant with a security by borrowing money from the defendant on January 2014, and the fact is that I purchased the above vehicle from Hyundai Motor, while I purchases the vehicle from Hyundai Motor.

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