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(영문) 부산지방법원 2014.07.09 2013고단9334
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 31, 2013, the Defendant was sentenced to two years of imprisonment for fraud and embezzlement in this court, and the said judgment became final and conclusive on January 8, 2014.

1. On July 20, 2011, the Defendant made a false statement to the victim E, “A” office located in Gyeong-gun, Gyeongnam-gun, and “I would like to purchase the cargo truck number plate in KRW 30,000,000.”

However, even if the victim receives money from others, it was thought that they will be used to pay the money under the same name, and there was no intention or ability to purchase the number plate of the truck for business use to the victim.

As above, the Defendant, by deceiving the victim as above, took over KRW 15,000,000 on the same day from the victim’s single bank account to the Defendant’s single bank account; KRW 4,00,000 on the 22th of the same month; and KRW 10,000,000 on the 27th of the same month.

2. “The Defendant is the actual representative of the (State).”

On June 21, 2010, the Defendant: (a) at the office of the Ucaro Fund, Inc., Ltd., the victim Hyundai Capital Co., Ltd., Ltd., in the name of H, a representative on the pretext of F, the amount equivalent to KRW 71,400,000 of the vehicle price owned by the victim Hyundai Capital Co., Ltd.; (b) on June 21, 2010, under the name of H.

8. From 15. to 31 March 31, 2014, a lease agreement was concluded on the condition that KRW 1,812,100 should be paid at the end of each 44-month period, and the said vehicle was leased and kept in custody.

However, the Defendant paid the lease fee only until August 201, and did not pay the lease fee thereafter, and was demanded to return the said vehicle leased by the victim after being notified of the termination of the contract on November 16, 2011.

Nevertheless, the defendant refused the victim's request for return without justifiable grounds and embezzled the above vehicle.

3. The defendant of "2014 Highest 944" does not have the intention or ability to deliver the motor vehicle transport business permission, but Busan on May 201.

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