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(영문) 광주지방법원 2020.03.19 2019고단3258
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 18, 2018, the Defendant was sentenced to one year of imprisonment for occupational embezzlement, etc. at the Gwangju District Court on January 3, 2020, and the judgment became final and conclusive on January 3, 2020.

[2019 Highest 3258] The Defendant stated that “A” office located in Sungsung-gun, Sungsung-gun, Seoul on January 4, 2019, the victim D said that “A” is the representative of the “C” corporation, which is a vehicle that is likely to be excluded by travel business employees, would not purchase a new vehicle under its internal name, and thus, the vehicle would be transferred to another person and paid all the purchase price of the vehicle.”

However, in fact, the Defendant leased “C” office around November 201, KRW 5 million, monthly rent of KRW 250,000,000,000, but only once paid the vehicle, paid the security deposit, overdue electricity, meal expenses, etc., and even if the Defendant purchased the vehicle and received the loan under the name of the victim and received it, the Defendant did not immediately have the intent or ability to pay the purchase price of the vehicle to the victim.

On January 4, 2019, the Defendant: (a) by deceiving the victim; and (b) had the victim obtain a loan of KRW 24 million from the KF office in the Seo-gu, Gwangju, Seo-gu; and (c) transferred the loan to the KF bank account in the name of the KF bank account (H) and did not pay the purchase price of the vehicle to the victim; and (d) had the victim acquire the same amount of pecuniary benefits.

[2019 Highest 5285] On December 2, 2018, the Defendant, in contact with the victimJ, located in the Seoul office located in the Seoul Special Metropolitan City, Chungcheongnam-gun, Seoul Special Metropolitan City, in order to make a trip to Jeju-do along with food equipment for three and four days from December 27, 2018 to December 30, 2018. The Defendant plans an overall schedule of travel, such as accommodation and flight ticket. The travel first stated that “The expenses will be paid immediately after arrival in Jeju-do if the settlement is settled.”

However, the defendant traveled to Jeju-do provided by the victim.

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