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(영문) 창원지방법원 마산지원 2018.08.08 2018고단116
사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 26, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Changwon District Court's Msan Branch (EA) and completed the execution of the said sentence in the racing prison on September 23, 2016.

1. Around October 5, 2016, the Defendant: (a) concluded a false statement with the victim D as “the head of the E Order Head; and (b) established a trust relationship; and (c) concluded that the said victim (“the Defendant borrowed money to lend money necessary for the preparation, etc. of an event to fully repay the money with the proceeds of the event upon the completion of the event,” with the following: (a) the Defendant: (a) formed a trust relationship by having the victim D as “the head of the E Order Head; and (b) entered KRW 300,000,000; and (c) made a false statement with the proceeds of the event at the end of the event.”

However, even if the defendant was to establish a new U.S. court E, there was no intention or ability to repay the profits even if he borrowed money from the injured party due to the absence of any other property or income.

The Defendant, as above, received KRW 100,000 from March 31, 2017, a total of seven times, as shown in the List of Crimes, such as deceiving the victim and remitting KRW 8,50,000 from the time when he received the down payment necessary for the purchase of business vehicles from the victim.

2. On October 2016, the fraud accused related to the business-use vehicle was in the “C” located in the Haban-gun, Haban-gun, Habnnam, and the victim D cannot purchase the vehicle under the name of the vehicle for business in order to operate the Haban-gun. Thus, on the face of the purchase of the vehicle in the name of the vehicle in the name of the vehicle for business, the installment would be paid within the vehicle and the transfer of the vehicle in the name of the vehicle after the establishment of the Haban-gun.

However, at the time of fact, the defendant has no other property or income, and thus the vehicle is lent in the name of another person.

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