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(영문) 의정부지방법원 2016.07.13 2016고단1426
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal records] On March 11, 2014, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. at the District Court of Jung-gu District on July 1, 2014 and completed the execution of the sentence at the Jung-gu prison on July 1, 2014.

[Criminal facts] On November 16, 2015, the Defendant called the victim A Capital Co., Ltd., a employee of the victim, to purchase a high-speed vehicle with Ews, who want to obtain a loan as security.

“The foregoing vehicle has concealed the fact that it was an accident vehicle.”

However, it is important to determine whether a mortgaged vehicle is an accident vehicle, and it is not a loan in the case of a charged vehicle. The above vehicle needs to be repaired with a charged vehicle for at least six months and it is impossible to transfer its ownership at the time of the loan.

The defendant deceivings employees of the victim company on the same day and let them deposit KRW 23 million from the above employees of the above company to the company bank account in the name of the F representative G, and acquired the above money by receiving it.

"Criminal facts" / [2016 Highest 2018] The Defendant made a false statement to the effect that “A” restaurant located in Yangju-si, Yangju-si, would purchase a vehicle and sell it at the auction site of the vehicle to the victimJ, and would make 5% profits with the principal and 5% profits as well as the principal and 5% profits within a week after the purchase of the vehicle to the lender.”

However, there was no intention or ability to purchase a vehicle even if the defendant has received an investment from the injured party because the defendant returned the principal and the profits to the existing investors and the bad credit has been bad.

As such, the Defendant, by deceiving the victim, received KRW 15 million from the Defendant’s mother to an enterprise bank account (L) with the Defendant’s mother on the same day from the victim, under the name of the Defendant’s mother, under the name of investment, and entered in the list of crimes committed in attached hereto between that time and July 22, 2015.

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