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(영문) 울산지방법원 2016.11.25 2016고단1616
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not less than two months and for the remaining crimes under paragraph (13) of the crime.

Reasons

Punishment of the crime

On May 25, 2009, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Southern District Court on May 25, 2009 and completed the execution of the sentence on February 3, 2010.

In addition, on October 11, 2012, the Defendant was sentenced to imprisonment of one year and two months for fraud at the Ulsan District Court, and the judgment was finalized on February 8, 2013, and completed the execution of punishment on June 29, 2013.

【2016 Height1616】

1. Around February 27, 2014, the criminal defendant against the victim C stated that, “In the event a trading company takes charge of the purchase and resale of a heavy vehicle, and the sales company takes charge of the sales company, it would allow the victim to purchase the vehicle under the victim’s personal name.” On the other hand, the criminal defendant would transfer the vehicle to another person within one week and pay the vehicle installments loan without any problem.”

However, while the Defendant was in arrears with national taxes at the time, there was no particular income or property, and purchased a 5-6 used vehicle under the name of other persons than the victim and maintained the payment of the 5-6 used vehicle with the sales proceeds, and then, the Defendant did not have any intent or ability to repay the loan even if he received a vehicle purchased with the installment loan under the name of the victim.

The Defendant, by deceiving the victim as above, took out a loan of KRW 28 million from the social corporation of the victim's Republic of Korea on the same day to purchase a motor vehicle in the name of the victim, and received a delivery of the motor vehicle.

【2016 Highest 1912】

2. On November 21, 2014, the criminal defendant against the victim E calls the victim to pay the victim KRW 2.9 million for the face value by installing a tent for warehouse in the Ulsan-gun F, Ulsan-gun.

However, the Defendant did not have money at the time and installed a tent for the victim.

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