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(영문) 인천지방법원 2013.11.05 2013고단4432
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On September 17, 2009, Defendant A was sentenced to two years and six months of imprisonment for fraud, etc. at the Incheon District Court, and the parole period was expired on September 30, 201 during the execution of the sentence, on the parole on February 28, 201.

[2013 Highest 4432] On April 201, the Defendant: (a) purchased the said car in the name of Samsung Fire & Marine Insurance Co., Ltd. in the public sale, and (b) accepted it as a collateral and sold it.

Accordingly, on April 19, 201, the Defendant made a false statement to the effect that “AE” office located in Suwon-gu AD3, Suwon-gu, Suwon-gu, 201, the Defendant would lend funds to the employees AF of the victim AE Capital Co., Ltd. through AC for lending money for 36 months.”

However, in fact, due to the damage of engine studio, the said car was set at the cost of repair exceeding KRW 48 million from the vehicle value to KRW 65 million and was treated as a total loss. The Defendant purchased the car at KRW 13 million.

Nevertheless, on April 20, 201, the Defendant deceivings the victimized company as if the said car was a normal car, and received 42 million won from the victimized company to the bank account in the name of AC.

[2013Kadan5356] On February 21, 2011, the Defendant made a phone call to the victim AG at an infinite site, and then purchased and repaired it in the amount of KRW 35 million, and then see the profits of at least KRW 25 million at the disposal of the vehicle. The Defendant made a false statement to the effect that he/she is aware of the difference in the inside and outside of the Republic of Korea, and believed that he/she is able to deposit KRW 35 million without any conditions.”

However, even if a passenger car, which is the above external vehicle, has been awarded a successful bid for AH MW(M) M3 car, it was repaired and there was no intention or ability to return the above 35 million won and earnings to the buyer.

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