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(영문) 울산지방법원 2016.08.11 2016고단454
사기
Text

Defendant

A Imprisonment with prison labor for two years, for eight months, for defendant C, for six months, for defendant D and for eight months.

Reasons

Punishment of the crime

Defendant

B On February 17, 2016, the Ulsan District Court sentenced a one-year suspended sentence of imprisonment for a violation of the Guarantee of Workers' Retirement Benefits Act and decided on July 8, 2016.

Defendant

C On March 18, 2015, with sentence of two years of suspension of execution on March 26, 2015 due to a violation of the Labor Standards Act in the Gunsan Branch of the Jeonju District Court, the sentence was finalized on March 26, 2015.

Defendant

D On January 27, 2016, after being sentenced to two years and six months of imprisonment for fraud, etc. at the Jeonju District Court, the judgment was finalized on February 4, 2016, and is currently in the execution of the sentence in Ulsan District Court.

Defendant

E on January 8, 2016, after being sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Ulsan District Court, etc., on January 16, 2016, the judgment was finalized.

1. Defendant C, M, and M purchased a heavy vehicle with installment financing from a financial institution, and intended to distribute the vehicle in the manner of “protruding tin” as a prompt term, and to make profits therefrom.

M aims to make profits to Defendant C by the aforementioned means around September 2014.

The proposal was made and around that time, from the Ulsan Northern-gu N and 120 "O car sales company", PW as the target vehicle. The Defendant C was supplied KRW 60 million from the victim's Hyundai Capital Co., Ltd. as installment financing by pretending that the principal and interest of installment financing would be repaid normally while purchasing the said car from Q, a staff member in charge, around September 30, 2014.

However, the facts are as follows: Defendant C bears approximately KRW 700 million of financial obligations at the time, and KRW 100 million of the price of the goods unpaid to the Customer, and operated at the time.

The Defendant and M did not have any intent or ability to repay even if the Plaintiff received installment financing from the injured party, because the Plaintiff and M had purchased the said vehicle as soon as it was difficult for the Plaintiff to normally operate the said vehicle.

Nevertheless, Defendant C and M are conspired to do so as above.

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