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(영문) 수원지방법원 성남지원 2016.10.07 2016고단1094

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 1094" is a person who has operated "D" on the second floor of a used motor vehicle trading complex in Gwangju City, and has been engaged in the business of trading used cars for about 20 years.

1. On August 17, 2015, the defrauded: (a) the Defendant called the victim E (the age of 45) at the foregoing “D office; and (b) called the victim E (the age of 45) and called the victim E to purchase the license plate for operation of freezing and freezing 5 tons; (c) the Defendant wired the 10 million won as down payment to the down payment.

However, at the time, the defendant was faced with economic difficulties, such as seizure of passbooks by creditors, and was thought to use the victim's money for personal purposes, such as the cost of building a factory, so even if he receives the down payment from the victim, he did not have the intention or ability to purchase the number plate.

As such, the Defendant, by deceiving the victim, was transferred to the Bank account in the name of F in the name of F, KRW 10 million on August 18, 2015 by the victim.

2. Around November 18, 2015, the Defendant made a false statement to the effect that “A” office as above, the Defendant sold the victim G (the 44 years of age) with one of the high-class carcles, and the victim G (the 8 million won of the sales number board, the 3 million won of the registration number board, and the 3 million won of the registration number board, would make the registration number board available for transfer.”

However, since the defendant thought that he will be used for the purpose of establishing a factory and paying staff benefits by loading the money of the victim, he did not have the intention or ability to seek a number plate or to make a transfer registration even if he received the money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 8 million from the victim as the price for the number plate on November 23, 2015, and KRW 3 million as the expense for the registration of transfer on December 4, 2015, respectively, from the Industrial Bank of Korea account in the name of F.

3. Around October 24, 2015, the Defendant was requested to sell one of the I Trucks worth KRW 45 million at the victim H (50 years of age) office at the above “D” office and one of the I Trucks worth KRW 5 million at the market price.