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(영문) 서울중앙지방법원 2018.12.13 2018고단6315
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On April 29, 2015, the Defendant was sentenced to two months of imprisonment for fraud, etc. at the Seoul Central District Court, and completed the enforcement of the sentence on May 8, 2015. On August 16, 2018, the Defendant was sentenced to eight months of imprisonment for breach of trust at the Seoul Central District Court on August 16, 2018, and the judgment became final and conclusive on November 29, 2018.

[Criminal facts] The Defendant is a person who operates Red Ginseng Sales Co., Ltd. (State)

On September 6, 2016, the Defendant concluded that “The Defendant would transfer the obligation of installment loans by changing the name of the Company within two months from the date of lending to F (E) vehicles to be used by the Company with the amount of KRW 45 million from F (State) at the office of B (State) in the Bupyeong-si Office in Busan Special Metropolitan City, Gyeonggi-do.”

However, at the time of fact, the sales of B (State) was almost nonexistent and financial standing was not good, and there was no ability to take over the above installment loans within two months. Rather, the Defendant still left the debt of installment loans to the victim and was a plan to provide the said vehicle as security and receive loans.

On September 6, 2016, when inducing the victim and purchasing the said vehicle under the name of the victim, the Defendant acquired financial profits equivalent to the same amount by having the victim bear the obligation of F (State) loans to the said vehicle on September 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including a protocol concerning the examination of the accused's identity D and attached documents);

1. Statement made to D or G by the police;

1. A motor vehicle registration ledger and a vehicle transfer certificate;

1. Details of remittance;

1. Documents concerning the ruling of provisional seizure of immovables 806, which are the District Court of South Yangyang-si, the District Court of South Korea, 2017k;

1. Previous convictions indicated in the judgment: As a result of the search of prisoners, one copy of the judgment of the Seoul Central District Court Decision 2018 Height 457, one copy of the judgment of the Seoul Central District Court, reply to inquiries about criminal history, and reporting of the results of the investigation

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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