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(영문) 의정부지방법원 2021.02.01 2020고단4512
사기등
Text

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

Reasons

Punishment of the crime

[2] On February 16, 2016, the Defendant appealed against the Defendant’s imprisonment of three months with prison labor for fraud and two years with prison labor for occupational breach of trust, etc. on September 10, 2020. On September 10, 2020, the appellate court reversed the above first instance judgment and sentenced two years of suspended execution, one year of imprisonment with prison labor for occupational breach of trust, etc., and the above judgment became final and conclusive on September 25, 2020.

[Criminal facts]

1. The Defendant against the victim B is a person whose business office was an auditor of the Dispute Resolution Co., Ltd.

On February 12, 2014, the Defendant borrowed KRW 5 million from the E office of the Gyeonggi-si Government of the Gyeonggi-si, and from the victim B, the Defendant borrowed KRW 5 million from the FF, which is owned by the Dispute Resolution Co., Ltd., to deposit low HG car as collateral to purchase rapid import high HG car. Accordingly, the Defendant would pay the borrowed money with the proceeds from purchase of high HG car and sale.

“A false statement” was made.

However, in fact, the Defendant had no intention to import and sell secondhand sportss, and the Defendant was planned to use the borrowed money from the injured party for personal debt repayment, etc., and thus, there was no intention or ability to change the borrowed money even if he received the borrowed money from the injured party.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 5,000,000 from the Defendant’s Defendant’s wife G bank account (H) around February 12, 2014 from the victim; (c) and (d) received transfer of KRW 5,00,00 from the Defendant’s wife G to June 23, 2014; and (d) received the money totaling KRW 15,092,882 over eight times, as indicated in the list of crimes in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 21, 2014, the Defendant against the victim I would give a sirent car to the victim I when he operates K and pays down payment, sirens, insurance premium, etc. at the business office near the Seoyang-gu J shopping district, Seoyang-gu, Seoyang-gu, Seoul.

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