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(영문) 서울중앙지방법원 2013.10.25 2013고단2514

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around May 31, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) at the Seoul Central District Court, and one year and six months, and the same year.

7. A decision was made at around 26.

On April 2010, the Defendant, along with C and D, proposed that “The Victim F in Yongsan-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City F”), purchased a high-class heavy-class and external-type vehicle with respect to which he/she is engaged in the trading of the vehicle, and may earn high profits from the sale of the vehicle.” On every 15 days, the Defendant provided that “The principal shall be paid if the vehicle is sold, after paying 7% interest of the principal.” The victim provided that “The principal shall be paid if the vehicle is sold,” and the victim borrowed money in the manner that he/she seeks to purchase the vehicle from D and then remitted the purchase price of the vehicle to D.

On April 5, 2010, the Defendant, along with C and D, received money from the victim as the purchase price for a vehicle, but did not buy and sell the vehicle, and caused the loss. As such, the Defendant, as if the victim purchased a vehicle at a price higher than the actual purchase price for a vehicle, received money as the purchase price for a vehicle, and used the difference as interest, office expenses, living expenses, etc. to pay the victim, and the victim would like to borrow money from the victim for the purpose of the purchase price for a vehicle by purchasing a vehicle with the total amount remitted to the victim and selling it again.

Accordingly, around April 6, 2010, D said that "the victim would transfer the purchase price of the vehicle to the victim in order to purchase the vehicle equivalent to KRW 36.5 million."

However, the facts are that the defendant, C, and D have borrowed money from the vehicle purchase price as above and only try to use part of the money as the vehicle purchase price.