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(영문) 의정부지방법원 2016.05.20 2015고단3356

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Fraud;

A. On March 31, 2014, the Defendant committed the crime of Apr. 1, 2014, in the “D cafeteria” located in Yangju-si, Yangju-si, to the victim E, “The Victim E is planned to purchase and sell an accident vehicle again at an industrial company, and is scheduled to purchase the Cost of Cost of Cost of Cost of Cost of Cost of Cost of 8.75 million won, and will pay the principal and profit of KRW 2 million within the month when he/she lends the same amount to KRW 8.75 million.

The phrase “ makes a false statement.”

However, in fact, the Defendant was planning to consume all of the aforementioned Lone Star vehicles for personal purposes, such as child support for the divorced wife even if there was a profit by selling them, and thus, there was no intention or ability to repay the principal and profit as promised to the victim.

Nevertheless, on April 1, 2014, the Defendant by deceiving the victim and transferred KRW 8750,00 to the Agricultural Cooperative Account under the name of the Defendant.

B. On April 10, 2014, the Defendant committed the crime on April 10, 2014, at the same place as the above A, and at the same time as the victim E, the victim E would have the amount of KRW 500,000 of the principal and profit within a month where he/she lent the purchase price of a vehicle to an industrial company in the tolerance of the foregoing paragraph.

The phrase “ makes a false statement.”

However, the Defendant had no intention or ability to pay the principal and profit as agreed to the victim, because the Defendant was planning to consume all the goods for personal purposes, such as the repayment of the existing obligation, even if there was a profit by selling the said goods.

Nevertheless, the Defendant, by deceiving the victim, received KRW 14 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day.

2. After borrowing money from E as stated in paragraph 1 at the end of May 2014, the Defendant changed official document and received a demand for its change, and as a result, the Defendant purchased a BM car from F, a fee at the same workplace, and completed the agreement with the Defendant on his profit.