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(영문) 광주지방법원 2017.12.08 2017고정1296

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 2013, the Defendant was guilty of the payments for used vehicles, and at the end of April, 2013, the Defendant would be able to operate the victim C with the vehicle of the middle and small Bosch Rexroth.

"A contract shall be made to purchase the victim's Dosch Rexrothton's 2.5 million won and "the price shall be paid for every three months."

The phrase “ makes a false statement.”

However, the fact does not have the intention or ability to pay the price even after purchasing the Bosch Rexroth vehicle from the injured party.

Around that time, the Defendant: (a) by deceiving the victim by the foregoing method; (b) received the fexton vehicle from the former Soloin-gu sand market; and (c) obtained the property profit equivalent to 2.5 million won of the vehicle price by the method of not paying 2.5 million won.

2. Around April 2014, the Defendant borrowed KRW 2.7 million from E through the victim. On or around March 2015, the Defendant was urged to pay KRW 2.7 million from the victim’s damages at the Tong-gun, Samnam-gun, Samnam-gun, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

Accordingly, the defendant will pay the victim the amount of KRW 1.5 million by dividing one half of each other and then he will pay all E money later.

The phrase “ makes a false statement.”

However, there was no intention or ability to pay the money even if the injured party pays 2.7 million won on behalf of the defendant's debt to E.

The defendant deceivings the victim by the above method and caused the victim to repay the debt amount of KRW 2.7 million to E on behalf of the victim, and then acquired the above 2.7 million property profit in a way that did not pay the victim the above 2.7 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes stating C in the protocol of interrogation of the suspect to the defendant;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Attraction of a workhouse;