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(영문) 서울동부지방법원 2015.11.12 2015고단1801
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On December 9, 2010, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Northern District Court on December 9, 201, and six months at the same court on September 23, 201, respectively, and was released on August 14, 2012 during the execution of each sentence, and the parole period expired on October 13, 2012.

【Criminal Execution Office】

1. Crimes related to K7 automobiles;

A. On July 2013, the Defendant stated that “A victim C shall be lent a name to purchase K7 passenger cars. The father shall transfer the name of the vehicle as a corporate entity after one to two months in operating the construction company, and shall repay the purchase price of the vehicle in lump sum.”

However, the defendant did not have any particular property at the time, and it was thought that a motor vehicle purchased in the name of the victim was sold again because it was not appropriated for living expenses in return for the profit of the store of children operated with the defendant's wife, and even if the motor vehicle was purchased in the name of the victim, there was no intention or ability to pay the purchase price or installments of the motor vehicle

Around July 17, 2013, the Defendant, by deceiving the victim as such, had the victim purchase K7 car in the name of the victim with a 36-month installment, and did not pay 35,075,89 won in installments, thereby allowing the victim to pay it on behalf of the victim, thereby acquiring property benefits equivalent to the said amount.

B. On November 29, 2013, the Defendant stated that “A victim C is in need of KRW 1,00,000 at the cost of transferring the name of K7 car and the name of capital capital. It is necessary to transfer KRW 1,00,000 to the name of a week.”

However, in fact, the defendant thought that he received money from the victim as personal living expenses, so even if he received money from the victim as the cost of transferring the passenger car name, he did not have the intention or ability to transfer the passenger car name.

The Defendant, as such, deceiving the victim and deceiving him/her, shall be from the victim.

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