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(영문) 인천지방법원 2013.09.24 2012고단10395

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

[Criminal Power] On February 22, 2011, the Defendant was sentenced to a suspended sentence of two years in imprisonment with labor for fraud, etc. at the Incheon District Court for the same month.

6.9 The judgment became final and conclusive.

[2013 Highest 747]

1. On October 2009, the defrauded made a false statement to the effect that “The Defendant, at G office located in the Yeonsu-gu Incheon Metropolitan City F, was released to export Poste vehicle to export Postestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestestes

However, in fact, the defendant did not have any fact that he was released from the vehicle, and the transaction with I was suspended at the time when he was paid the vehicle fees from the victim, and thus it cannot be delivered to the victim by purchasing the vehicle from I. Thus, even if he was paid the vehicle fees from the victim, there was no intention or ability to deliver the vehicle to the victim normally.

On October 30, 2009, the Defendant: (a) by deceiving the victim; (b) transferred KRW 30 million from the victim to the passbook bank account under the name of the J Co., Ltd. (hereinafter “J”); (c) received KRW 130 million from the same account on November 3, 2009; and (d) transferred KRW 130 million to the same account on November 3, 2009; (c) transferred four vehicles of KRW 80 million to the victim; and (d) acquired the pecuniary benefits equivalent to the amount of KRW 80 million from the rest of the vehicle for Poste to the victim.

[2013 Highest 1470]

2. On October 7, 2009, the Defendant entered into a lease agreement with L Licensed Real Estate Agent Office located in Yeonsu-gu Incheon Metropolitan City, Incheon Metropolitan City (hereinafter “Seoul”) of KRW 10 million, monthly rent of KRW 301,000,000 and KRW 1 million,000,000,000,000,000,000 in terms of contract deposit to the lessor N on the same day, and deposit on October 31, 2009.