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(영문) 울산지방법원 2018.06.21 2018고단14
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for four years and for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 14, 2009, Defendant A was sentenced to imprisonment with prison labor for three years and six months and eight months for violation of the Act on the Punishment of Sexual Crimes, Protection of Victims, etc. (Rape, etc.) at the Seoul High Court on May 14, 2009, and completed the execution of the final sentence on January 18, 2013 in the racing prison.

1. The sole criminal conduct of Defendant A;

A. The criminal defendant against the victim G may calculate the vehicle as KRW 3 million per vehicle at the Henecar head office, and take over the vehicle in the name of the party, by calculating it as KRW 15 million per vehicle, to the victim G who was known to the victim G, at a place where it is unknown at the end of the end of 2014, where the end of the vehicle is unknown. The amount of KRW 1.5 million per month may be punished for a maximum of KRW 1.5 million per vehicle.

Investment funds shall be used for vehicle deposits, insurance deposits, rents in advance, etc.

“A false statement was made to the effect that it was “.”

However, the fact is that the Defendant, other than the Defendant who directly contracted with the head office in accordance with the terms and conditions of the contract with the head office, could not take over the vehicle, and even if the Defendant was able to receive the investment money from the injured party under the name of the deposit money for the vehicle, it was thought that it would be used as the cost of leasing the vehicle. Therefore, the victim did not have the intent or ability to allow the injured party to take over the vehicle at the head

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 6 million from the injured party on January 28, 2015, in cash; and (c) received KRW 9 million from the I’s Suhyup account (J) around January 29, 2015; and (b) received KRW 15 million in total on two occasions, from the transfer of KRW 9 million from the I’s Suhyup Account (J) around January 29, 2015.

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

B. On May 2016, the Defendant: (a) purchased a part of the Victim K, who was aware of as a member of the vehicle club in the “M” office located in Ulsan-gu L, Ulsan-gu; and (b) purchased a part of the DNA A7 new car at the Nrenter headquarters; and (c) made profits of KRW 7-8 million per month from leaving the vehicle.

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