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(영문) 전주지방법원 2018.05.30 2017고단1539

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 7, 2016, the Defendant made a false statement to the victim C, who has traded the previous agricultural machinery with himself/herself at a non-place on December 7, 2016, stating that “I will sell it to 6 million won in the middle and present 2.5 tons by telephone.”

However, the defendant did not own the above-mentioned vehicle, so even if he received money from the injured party, he did not have the intention or ability to deliver it.

On December 28, 2016, the Defendant acquired KRW 22,580,00 from each victims a total of six times from the victims to January 15, 2017, including the receipt of KRW 4 million from the passbook in the name of the Defendant as the down payment for the sales proceeds in the form of a passbook in the name of the Defendant.

"2017 Highest 2144"

1. On February 25, 2017, the defrauded concluded that “E” located in B/S on February 25, 2017, which reads that “The Defendant would immediately send the victim F with the deposit of KRW 7.5 million out of the purchase price of the refacing machine to the end of the repair on the face of the refacing machine.”

However, in fact, the defendant did not have a cater, and there was no intention or ability to transfer the cater to the victim from the beginning because he planned to use money for the purchase of other machines by receiving money from the victim as the purchase price for caters.

Nevertheless, the defendant deceiving the victim and delivered 400,000 won in cash on the same day from the victim, and following the day, he acquired 7,100,000 won in cash from the Saemaul Treasury account (G) in the name of the defendant, and acquired 7,50,000 won in cash from the victims from July 25, 2017, and acquired 32,40,000 won in total from the victims from July 25, 2017.

2. The Defendant is a victim who is in Hasan-si in August 2016.