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(영문) 창원지방법원 마산지원 2013.05.29 2013고단277
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

From the beginning of October 2010 to the end of November 2012, the Defendant has been engaged in the sale and purchase of automobiles as an employee under the condition that one half of the profits from the sale of used cars is divided from the D Automobile Trading Company operated by the victim C in the window B of Changwon-si.

1. Fraud;

A. On February 6, 2012, the Defendant made a false statement that “Around February 6, 2012, the Defendant: (a) sent the down payment 2,300,000 won to the Gyeongnam Bank account in the name of E, inasmuch as the vice head of the vehicle horse horse business office E sells the stud truck by telephone at the window near the window of Changwon-si, Changwon-si; (b)” to the victim.

However, the fact is that there is no intention to sell a used truck, and the defendant thought that he would sell a used truck with a down payment received from the victim and used it as living expenses and gambling funds.

The Defendant, by deceiving the victim as above, received 2.3 million won from the victim to the bank account in the name of F.

B. Around May 8, 2012, the Defendant committed the crime on May 8, 2012, the Defendant made a false statement to the effect that “Around May 8, 2012, the Defendant transferred a new car to the account of a national bank in the name of G in the name of the national bank in the name of G, from the street near the Seocho-dong window of Changwon-si, Seoul Special Metropolitan City.”

However, in fact, the Defendant did not want to buy a new car with a high-speed car, but rather did not use it as living expenses and gambling funds by receiving a down payment for a new car with a high-speed car in New Car.

As above, the Defendant, by deceiving the victim, received 7.5 million won from the victim to the national bank account in the above G name.

2. Occupational embezzlement;

A. On May 14, 2012, the Defendant committed the crime at around May 14, 2012, sold the H-to-surged vehicles from the D Motor Vehicle Trading Company run by the victim C at the window B of Changwon-si, to I for KRW 1,60,000,000, and was in the custody of the victim for the sake of the victim.

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