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(영문) 부산지방법원 2014.12.12 2014고단6280

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 4, 2013, the Defendant made a false statement that he/she would purchase the vehicle on behalf of the borrower, if he/she transferred the vehicle to the account in the name of F, which is the borrower, to the victim E by phoneing the victim in Busan, Seo-gu, Busan, to sell the vehicle in 2009.

However, the defendant did not have the intent or ability to purchase the above vehicle to the victim.

As such, the Defendant, by deceiving the victim, got the victim to transfer KRW 2,700,00 to the Agricultural Cooperative Account in the name of F for the purchase of heavy vehicles from the victim.

2. On September 23, 2013, the Defendant made a false statement that he would purchase money on behalf of the owner of the victim E in lieu of the transfer, with a person who intends to sell the 2008 SM5 vehicle to the victim E in the same manner as in the preceding paragraph at the place under the preceding paragraph.

However, the defendant did not have the intent or ability to purchase the above vehicle to the victim.

As such, the Defendant, by deceiving the victim and deceiving him from the victim, received 2,300,000 won from his corporate bank account under the pretext of purchasing vehicles.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the choice of fines (including the circumstances of this case, the amount of damage, etc., and the fact that the defendant had no criminal record for the same kind of crime and that the defendant agreed with the victim after

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;