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(영문) 수원지방법원 2019.02.12 2018고단1834

사기

Text

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

Reasons

Punishment of the crime

The defendant is a person who actually operated the corporation B.

1. On October 12, 2016, the Defendant stated that “In the foregoing B office located in Yongsan-si C building D, the victim E may have an investment place that makes it possible to earn good profit from standing. There is a person who borrows money from high-class external vehicles as security at an illegal gambling place, and if such person lends money to him/her, he/she may receive interest at 30% per month.”

However, the defendant merely thought that he received money from the victim for personal living expenses, etc. due to no particular income, and even if he received money from the victim, he did not have an intention or ability to lend money from the victim as collateral and to allow the victim to receive interest.

As such, the Defendant, by deceiving the victim, received from the victim a total of KRW 10 million on the same day from the victim, KRW 20 million on October 19, 2016, and KRW 37 million on October 27, 2016, including KRW 7 million, from the victim to the G account in the name of the wife F of the Defendant.

2. On October 2016, 2016, the Defendant stated, at the above B office, that “the Defendant purchased a vehicle under the name of the company as it is necessary for the Defendant to purchase the vehicle under the name of E (victim). The Defendant said that “The Defendant would transfer the obligation to purchase the vehicle and the name of the vehicle to a corporation or to another person in the name of the corporation within the early date of the purchase of the vehicle under the name of E.

However, the defendant had no intention or ability to transfer the name of the vehicle to a corporation or another person or to take over the obligation to purchase the vehicle even if he/she purchases the vehicle with the loan under the name of the victim because of the lack of any particular property.

The Defendant, by deceiving the victim as such, had the victim purchase one motor vehicle from BMW X63.0d in the name of the victim around October 24, 2016, and 46 million won from I Co., Ltd. in the name of the victim.