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(영문) 인천지방법원부천지원 2020.11.24 2020고단2674

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 1, 2016, the Defendant made a false statement to the effect that “The Defendant would purchase the said car and resell the said car and repay it after he/she sold the said purchase price if he/she would want to sell the F E/S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

However, at the time of fact, the Defendant had to pay approximately KRW 170 million without any property, and had been urged by creditors, such as bond holders, to pay the above purchase price for the said car, and there was no intention or ability to pay the purchase price for the car.

Nevertheless, the Defendant, by deceiving the victim as such, was transferred from the victim to the corporate bank account in the name of the Defendant, the sum of KRW 10 million on September 9, 2016, and KRW 7 million on November 18, 2016.

2. Around November 10, 2016, the Defendant made a false statement to the effect that “The Defendant would purchase the GYF YF YF Ba to pay the purchase price for the GYF YF Ba to the victim after resale at the same place as Paragraph 1.”

However, for the reasons stated in Paragraph 1, the Defendant did not have any intent or ability to repay by purchasing or purchasing the above YF YF Baa car, even if the Defendant received the purchase price for the above YF Baa car from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, was transferred 4.5 million won to the Defendant’s deposit account on the same day as the purchase price for high-class automobiles in the above YF Station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;