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(영문) 수원지방법원 안양지원 2014.02.05 2013고단1220
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operated the corporation B.

On October 8, 2012, the Defendant reported the sale and purchase advertisement of freight vehicles (D 4.5 metric truck) in the name of a third party (D 4.5 metric truck) in the name of a third party, which the Defendant opened on the Internet, to the victim E, who was found to have purchased D 4.5 metric truck in the name of 55 million won, the Defendant would arrange for the victim E to obtain the revenue from 16 million won to 18 million won in the month when he/she enters the G, which is a branch company transporting F freight, in order to ensure that he/she can obtain the revenue from 16 million won to 18 million won in the month when he/she enters the G, which is a branch company transporting F freight, from Seoul to Busan, by receiving 9.3 million won until he/she goes up to 9.6 million won, and would make profits from about 1.5 million won in the number of times until he/she goes up on the Internet, and would make a stable revenue of about 1.1.6 million won in the month.

However, even if the victim purchased the above vehicle with the loan from the capital of the victim, the defendant did not have the intent or ability to arrange for the registration of the vehicle in G and to secure stable income. However, after allowing the victim to obtain a loan under the name of the purchase of the vehicle, the remaining money after deducting the actual purchase price of the vehicle from the loan did not belong to the brokerage fee.

Ultimately, the Defendant, by deceiving the victim as above, had the victim applied for a loan of KRW 55,465,00 on October 9, 2012 through H of the Athi Capital Staff member H, who introduced the Defendant, and then received KRW 17,271,322 remaining after deducting KRW 38,193,678 from the Athi Capital to the owner of the vehicle from the purchase price of the vehicle out of the loan around the 15th of the same month, from the balance of KRW 17,271,32 in the corporate bank account in the name of the Defendant.

As a result, the Defendant calculated by subtracting three-month insurance premiums of KRW 254,070 from the aforesaid KRW 17,271,322, and three million from the vehicle number plate expenses of KRW 14,00,000 from the above KRW 17,271.

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