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(영문) 의정부지방법원 고양지원 2016.03.30 2015고단2389
사기등
Text

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

Reasons

Punishment of the crime

[criminal record] On October 23, 2007, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the District Court, and the parole period was expired on November 28, 2008, when the sentence was executed in a prison of the Government Administration, the Defendant was released on November 28, 2008, and the parole period was expired on February 6, 2009.

[Criminal facts] The Defendant is a person who has engaged in automobile sales business

1. Fraud against the victim C;

A. On April 1, 2010, the Defendant would purchase a rocketing car in his mother’s name in a way that it is difficult to identify the trade name located in Ilyang-dong, Yongsan-gu D, Busan-si. In order to purchase a rocketing car in the name of her mother because her children are engaged in a heavy and high-end sales business, and all her children are aware of the company and capital companies.

“A false representation was made.”

However, the fact was that the defendant purchased a car in the name of the victim and sold it in the name of the passenger.

Around April 15, 2010, the Defendant received necessary documents, such as a certificate of personal seal impression in the victim’s name, from E. On the same day, and around April 15, 2010, the Defendant purchased a YF stF strawet car from Hyundai Capital Co., Ltd. (hereinafter “Mo Capital”) with a loan of KRW 24,00,000 from Hyundai Capital Co., Ltd. (hereinafter “Mo Capital”), and sold it to F for 21,000,000 won to acquire property benefits equivalent to KRW 24,00,000.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

B. On May 2010, the Defendant, at the office of the Defendant located in the office of 616 of the Seocho-gu Seoul Metropolitan Government G building 610, the Defendant would give the said E the right to sell KRW 24,00,000 as it did not deliver any rocketing car to the Defendant, and the said E would give the mother the right to sell the H building 110, 111 in Hasan-si, Gyeonggi-do.

“A false representation was made.”

However, the defendant did not have the intention or ability to deliver the right to sell the commercial building to the victim even if he did not have any authority over the commercial building and received money from the injured party.

The defendant, who belongs to his seat, is damaged by the injured party on May 2010.

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