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(영문) 서울중앙지방법원 2017.12.01 2016고단3229
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, in the name of “D” in Seocho-gu Seoul Metropolitan Government B C, entered into a consignment import contract with the victim E for each vehicle listed in the separate crime list from October 2014 to December 2014, the Defendant agreed to provide the victim with the full amount of the expenses incurred in transportation, import, customs clearance, etc. (hereinafter “purchase expenses, etc.”) including the purchase expenses of each of the above vehicles, and the vehicle registered in the name of “director cargo” as necessary for bringing the vehicle into the place of registration. The Defendant: (a) registered each of the above vehicles under the name of the damaged party, received and sold them, and paid the price thereof.

However, even if the defendant receives the purchase cost, etc. of each of the above vehicles from the injured party, the defendant did not have the intent or ability to pay the sales proceeds to the injured party by registering each of the above vehicles in the name of the injured party provided, importing and selling them.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 1,919,800 from the G account under the name of G in terms of expenses incurred in purchasing vehicles, etc. in 2014, from the victim of the said deception around October 14, 2014; and (c) KRW 3,382,090 from the H I bank account under the name of H to January 16, 2016, KRW 48,71,445 in total, for the purchase expenses for three vehicles, etc., as described in the attached list of crimes, were issued from around the time to January 16, 2016.

[Basic Facts] The Defendant provided a person who carries on the business of importing and selling Japanese automobiles in the name of “D” in Seocho-gu Seoul Metropolitan Government, with the full amount of transportation, import, customs clearance, etc. (hereinafter “purchase cost, etc.”) including the purchase cost of each vehicle contracted by the victims, and provided a registered vehicle necessary for bringing the vehicle into the “director cargo”, provided a person who registered the vehicle with the name of the Defendant in the name of the victim, and then carried the vehicle in the name of the victim.

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