beta
(영문) 수원지방법원 안산지원 2017.01.12 2016고단4601

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On April 1, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court on April 1, 2016 and the judgment became final and conclusive on August 25, 2016.

Criminal facts

The defendant is a person who is employed as a used car with a motor vehicle.

1. On July 1, 2015, at the victim D’s house located in Yeonsu-gu Incheon Metropolitan City and 107 Dong 107 Dong 107, the Defendant stated that “I would sell to B at KRW 11,00,000 for the consignment of the E window-stom vehicle if you are entrusted with the consignment of the E window-stom vehicle,” and paid KRW 3,00,000 to the victim as advance payment.

However, in fact, the Defendant intended to use the proceeds from selling the victim’s vehicle to pay his/her personal debt. Therefore, even if the vehicle is sold in accordance with the purpose entrusted by the victim, the Defendant did not have any intent or ability to pay the balance of sales proceeds excluding the advance payment of KRW 3 million to the victim.

The Defendant received from the injured party one motor vehicle with the highest cost of KRW 11 million on the same day at the market price.

2. The Defendant, as described in paragraph 1, was supplied with a window for consignment, but did not pay the sales price of the vehicle to the victim for more than five months, and was demanded to return the vehicle to the victim on or around December 2015, the Defendant received a demand from the victim for the return of the vehicle. Around that time, there was no person who had not yet sold the vehicle and left a non-water vehicle.

실은 내가 람 보 르 기니 차량을 매입하느라 맡아 뒀던 윈스톰 차량을 포함해 차량 30~40 대를 저당 잡고 대출을 받았다.

In order to uneasten the low party, there was a need to pay the money, and before pre-sale, a return on payment for vehicle sales was made.

3.2 million won plus expenses, such as vehicle storage expenses, which is 3.2 million won, the amount of the mortgage shall be offset by the amount of KRW 800,000 lent to NNB on August 2015, and the amount of KRW 2.4 million shall be refunded if the owner returns the amount of KRW 2.4 million.

However, the defendant is given the Patom vehicle to the victim for the consignment sale.