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(영문) 서울동부지방법원 2021.01.21 2019고정1130

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Records] On November 29, 2018, the Defendant was sentenced to six months of imprisonment for embezzlement at the Seoul Central District Court, and the above judgment was finalized on April 19, 2019.

[2] As the Defendant was aware of the facts constituting a crime in the course of several types of life, the Defendant filed a criminal complaint against B by fraud in 2016 as he did not receive payment, and on February 29, 2016, received a written statement of payment from B to receive KRW 1,00,000,000 each month.

After February 2018, the Defendant entered into a car lease agreement with D around June 27, 2016, with the victim C, who was a child of B, around February 2018.

The request for additional loan of KRW 30 million to the BMW car as security was received, and the fact was, even if the car was transferred to the MFW car, it did not think that it was about the loan of KRW 30 million in addition to the MFW car to the others.

Accordingly, at around 17:00 on February 6, 2018, the Defendant additionally lent KRW 25 million to B at the first floor coffee of Gangnam-gu Seoul E hotel, Seoul, and “BMW passenger car is offered as security.”

“A false statement,” from B, from the back of the victim’s certificate of his seal imprint, LW 118D car is borrowed in KRW 25 million from B to be assigned as security for BM 118D car.

“After having entered the content, “A” received from B the 1st car (10,933,325 won from February 6, 2018) and the said 1st car.

Accordingly, the defendant, by deceiving B, acquired property benefits equivalent to the operating profit of the victim's BMW car and acquired it by fraud.

Summary of Evidence

1. During the second public trial protocol, the defendant's written statement of the witness B, C, and F in part of the defendant's statement to the prosecutor's office in the suspect interrogation protocol (including the part in B's statement) of the defendant's suspect interrogation protocol (including the part in the payment protocol attached to the suspect interrogation protocol) and the register of automobile registration.