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(영문) 서울동부지방법원 2017.10.25 2017고단903
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall prohibit the applicant from acquiring the cargo number plate for business use.

Reasons

Punishment of the crime

The Defendant of “2017 Highest 903” (State) was the head of the team in the G in charge of a dispute resolution, the representative of which is the Defendant, and the Defendant decided to work for the F to transport large cargo vehicles, and the Defendant established and appointed as the representative of the dispute resolution committee on October 20, 2015 to work for the small-sized cargo vehicles, such as this case.

Han Part F also was sentenced to four years of imprisonment on October 12, 2017 for criminal facts similar to the instant case (the consolidation, confirmation, etc. of this Court 2017No. 462). When operating a cargo transport brokerage company with the trade name, when concluding a consignment sales contract with a shipping business entity, he/she purchased a cargo vehicle registered in the name of the corporation as the price received from them, but the shipping business entity stated the freight forwarder as a "spot investor" in the vehicle registration ledger and lent the "cargo number plate for the cargo vehicle" for a certain period of time.

Since February 21, 2004, the government's establishment of "business number plate" in relation to cargo transport constitutes an important element under the above consignment sale contract (i.e., transportation with no business number plate). On April 21, 2015, the Defendant would transfer the cargo vehicle registered in the name of the victim H and 401 office in Songpa-gu Seoul, Seoul, to the victim D, and lend the number plate for the cargo vehicle.

It received 24,500,000 won under the name of the vehicle and the number plate delivery expenses, etc. from the victims who believe that it is false.

In addition, at the time, the Defendant had no intention or ability to transfer the vehicle and the number plate to the victim in a normal manner, even if he/she received the money from the injured party, as the relationship between the Defendant and the 15 million won of unpaid expenses, including the 40 million won of the bonds, and the Defendant was to bear the 15 million won of the monthly interest.

(i)in fact;

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