beta
(영문) 울산지방법원 2016.09.02 2015고단1759

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【2015 order 1759】

1. Around August 5, 2013, the Defendant: (a) called the Defendant to purchase a vehicle for the year 2,4 2013 HG 2013 by public sale; (b) the Defendant, in front of the Defendant’s residence in Ulsan-gu D apartment 103, a public auction was commenced on the vehicle that meets the conditions of August 6, 2013; (c) the Defendant would receive the vehicle at a public auction on the face of KRW 3082,00,000 for the vehicle’s cost and cost of the vehicle; (d) the Defendant would purchase the vehicle at a level of KRW 1 million to KRW 1,000,000,000,000,000,000,000,000,000,000,000 won, rather than purchasing the vehicle from the trading company of the vehicle.”

However, even if the defendant received money from the victim as the price for the vehicle, etc., he was only the intent to provide the victim with the vehicle that can not transfer the name, and there was no intention or ability to deliver the normal vehicle that can be transferred to the victim.

As above, the Defendant, by deceiving the victim, obtained 200,000 won as down payment from the victim on August 5, 2013, and acquired 30,620,000 won as the remainder on August 6, 2013, by transfer from the victim to the Agricultural Cooperative Deposit Account (Account Number F) in the name of E.

【2016 Highest 1939】 On December 22, 2009, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Daegu District Court and its Daegu District Court on December 22, 2009, and a fine of KRW 6 million for a violation of the Road Traffic Act at the Ulsan District Court on June 11, 2010.

2. On November 20, 2015, the Defendant, who had a history of driving under the influence of alcohol more than twice in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act, was driving under the influence of alcohol more than 0.087% of blood alcohol level on November 20, 2015, is driving a G motor vehicle and driving under the influence of alcohol at a level of 0.087% on the northwest-gu, Ulsan-gu. The intersection of the KCC distance on the northwest-gu, Ulsan-gu, Seoul-gu, as a mutually beneficial school.