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(영문) 전주지방법원 군산지원 2013.04.03 2012고단1719

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2012 Highest 1719] On July 2009, the Defendant made a false statement to the victim, “A person who intends to buy 2007 M&C, so he/she would sell his/her vehicle to KRW 6 million at the face of the vehicle, and immediately make the price.”

However, the defendant did not have the intention or ability to deliver the sales proceeds to the victim even if he received the above car from the victim.

The Defendant received from the victim, i.e., one set of DNA passenger cars worth KRW 6 million from the market price at the seat, and from around that time to April 12, 201, the Defendant acquired from the victim the property worth KRW 38 million in total at six times in the same manner as the list of crimes in attached Form 38,00,000, in total, as shown in the list of crimes.

[2012 Highest 2727]

1. On February 2012, 2012, the Defendant: (a) sold the “F” of the Defendant’s operation of the Defendant, which was commissioned by the Victim G to trade HHHA car; and (b) was in custody of the Defendant for the victim, then arbitrarily consumed it under the name of his office operating expenses and living expenses.

2. On March 2012, 2012, the Defendant: (a) received a request from the victim I to sell and sell a JM3 car from the said “F office” office; and (b) embezzled 6.7 million won of the purchase and sale for the victim, while being in custody for the victim, he/she arbitrarily consumed it as prescribed in the foregoing paragraph (1).

[2012 Highest 3150] On October 1, 2011, the Defendant sold LM7 vehicle to the Victim K by means of borrowing and lending the vehicle already operated by the victim to the Defendant, but on November 2011, when the said SM7 vehicle was identified as flooded vehicle by the Defendant from the first policeman on the ground that the said SM7 vehicle was identified as flooded vehicle, on the front side of the Nmaart located in the Military City M in the Sinsan City on March 16, 2012, the Defendant is a PM7 vehicle to be sold to the victim at another place in the amount of KRW 10,50,000,000.