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(영문) 서울남부지방법원 2016.10.25 2016고단3944

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On July 17, 2012, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court for the purpose of fraud. On April 22, 2016, the same court sentenced six months to imprisonment for a crime of fraud and the judgment became final and conclusive on the 30th of the same month.

[2016 Highest 3944] The Defendant is a person affiliated with D, a used vehicle dealer operated by the victim C in Gangseo-gu Seoul Metropolitan Government and works as a used vehicle.

1. On June 5, 2014, the Defendant sent a false statement to the effect that “If the Defendant borrowed 27 million won from the purchase price of a high and high and high-ranking vehicle to the victim, he/she would immediately sell the vehicle and repay the borrowed money with the purchase price after purchasing it,” the Defendant sent a car text message and a vehicle photograph.

However, in fact, the defendant was planned to use money to repay personal debts from the victim, and even if he borrowed money from the victim due to a large amount of other debts at the time, there was no intention or ability to pay the money.

As such, the Defendant, by deceiving the victim and deceiving him immediately from the victim, received KRW 27 million from the corporate bank account (Account Number E) in the name of the defendant as the purchase price for the vehicle.

2. On June 9, 2014, the Defendant sent a false statement to the effect that “If the Defendant borrowed KRW 12 million from the purchase price of the vehicles in the Middle Ireland, 12 million, he/she would immediately sell and repay the money borrowed from the purchase price of the vehicles in the said D market,” on June 9, 2014, the Defendant sent a text message of Kakakao and a vehicle photograph.”

However, in fact, the defendant was planned to use money to repay personal debts from the victim, and even if he borrowed money from the victim due to a large amount of other debts at the time, there was no intention or ability to pay the money.

The defendant deceivings the victim as such, and immediately from the victim, is the name of the purchase price for the vehicle.