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(영문) 의정부지방법원 2017.11.07 2016고단3209

사기등

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

"2016 Highest 3209"

1. On December 1, 2015, the Defendant would terminate a mortgage established on the said car and transfer ownership if he/she purchases an I low-priced passenger car from the victim H by phoneing to the school ward located in Gangnam-gu Seoul Metropolitan Government around December 1, 2015.

A false statement was made.

However, in fact, the defendant did not have the intention or ability to sell the above vehicle because he used the money received from the damaged person as a living cost or as a flight fund to avoid tracking by investigation agencies.

The Defendant received 21.2 million won on the same day as the purchase price from the injured party, and 1.9 million won on the second day of the same month from the Defendant’s mother, respectively, to the foreign exchange bank account in the name of J.

Accordingly, the Defendant was given property worth KRW 23.1 million by deceiving the victim as above.

2. On December 14, 2015, at the same place as Paragraph 1, the Defendant made a false statement that the Defendant would transfer the said vehicle to the borrower of the said vehicle and send the said vehicle to the victim by phone call to the victim H, and by depositing the vehicle into the 27 million won car at the 27th million won.

However, in fact, the Defendant did not have any intention or ability to sell the said passenger car because he was willing to use the money received from the injured party as a living cost or to repay his debts.

The Defendant received KRW 27 million from the damaged party to the corporate bank account in the name of the Defendant’s external carin as the purchase price on the 15th day of the same month.

Accordingly, the Defendant, as seen above, received property worth 27 million won by deceiving the victim.

On August 18, 2016, the Defendant was detained on the charge of fraud by the District Court and is currently pending in the trial.

On December 2, 2013, the Defendant posted a notice to sell NVV cruise vehicles at KRW 27,50,000,000 on M, which is an online trading site, and on the 19th day of the same month.