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(영문) 부산지방법원 동부지원 2016.11.23 2016고단1769
사기등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. The defendant will pay 12,00,000 won to the applicant for compensation.

Reasons

Punishment of the crime

[criminal power] On December 16, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Changwon District Court on December 24, 2014, and the said judgment became final and conclusive on December 24, 2014, and is still under suspension of execution. On December 2, 2015, the Defendant was sentenced to one year of suspension of execution for four months of imprisonment with prison labor for fraud, etc. in the Busan District Court’s Dong branch branch, and is still under suspension of appeal (2015No4

"2016 Highest 1769"

1. On September 17, 2015, the Defendant made a false statement to the victim Q Q Q, stating, “A vehicle will be delivered without any problem by purchasing off-to-use vehicles from the Freeboard Capital Co., Ltd. in the way of obtaining a used vehicle installment loan from the Freeboard Capital Co., Ltd.” at the S company office located in Gangseo-gu Busan Metropolitan Government R.

However, in fact, even if the defendant received the installment loan from Hyundai Capital Co., Ltd. under the victim's name and purchased the said Lone Star vehicle, he was thought to dispose of and use it, and did not have the intent or ability to deliver the said vehicle to

As such, the Defendant: (a) by deceiving the victim; and (b) caused the victim to obtain an installment loan of KRW 12 million from Hyundai Capital Co., Ltd.; and (c) did not deliver the vehicle; and (d) did not transfer the vehicle, thereby acquiring property benefits equivalent to the above vehicle amount.

2. Fraud against a victim U;

A. On December 20, 2015, the Defendant made a false statement to the victim U on December 20, 2015, stating that “If he purchased and sold a 2003-year vehicle, he/she may have the proceeds divided by dividing the proceeds.”

However, the defendant did not have the intent or ability to make profits to the victim by purchasing or selling the above Poter vehicle.

As such, the Defendant, by deceiving the victim, received 1.4 million won from the victim to the Agricultural Cooperative Account (W) in his/her pro-friendly name on the same day.

B. On December 22, 2015, the accused of fraud was located at a place where it was located on December 22, 2015.

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