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(영문) 부산지방법원 동부지원 2014.10.30 2014고단1502

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 22, 2009, the Defendant was sentenced to one year of imprisonment with prison labor at the Changwon District Court for fraud, etc., and completed the execution of the sentence on March 10, 2010.

Around August 2011, the defendant was placed in the family relation with the victim C with the introduction of the branch in Korea.

around that time, the Defendant obtained the victim’s trust by making a false statement as the president operating the above E, even though he was working as a credit card dealer in Busan Southern-gu D.

1. On December 201, 201, the Defendant made the victim purchase the FM7 car in the name of the victim in the 145 Banm Motor Vehicle Trading Complex located in the Busan Shipping Daegu, Busan. On December 145, 201, the Defendant made a false statement to the effect that “I am to use the said car for the company business, and I am to temporarily lend the said car.”

However, in fact, the Defendant did not intend to use the said car for the company's business and was scheduled to borrow money from G as collateral, and thus there was no intention to return the said car even if it borrowed from the victim.

On December 2, 2011, the Defendant, by deceiving the victim as such, received a delivery of the said car in the said car trading complex of KRW 9 million at the market price owned by the victim, from the victim.

2. On October 4, 2011, the Defendant made a false statement to the effect that “The Defendant is obliged to pay to the customer immediately in terms of E machine costs, etc.” to the victim in the Yong-gu, Nam-gu, Busan, the Defendant would receive KRW 100,000,000,000,000,000,000,000 won in Seoul. In addition, the Defendant sold the 80,000,000,000,000 won in the market.”

However, the Defendant is merely an employee who received an allowance of not more than one million won per month from the above E, and there was no need to pay the machinery cost to the customer. There was no difference in lending KRW 100 million to the husband of the female and female, and since the studio in Seoul was transferred to another person around 201, it was in the situation of transfer of ownership to another person.