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(영문) 서울서부지방법원 2015.10.15 2015고단1701

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who actually operated a mutual travel carrier E (hereinafter “E”) in Mapo-gu Seoul Metropolitan Government from November 2012 to October 2014.

1. On April 2014, the Defendant against the Victim F, at the Seocho Police Office, demanded that the said company deliver the said bus to the Victim F, stating, “The Defendant would not consent to transfer the vehicle to a third party because he/she had been operating with the said company a new transport bus to the said company. However, the Company would not immediately reduce the vehicle price of KRW 56 million. Thus, the Company would have to pay KRW 6 million and to pay KRW 50 million after the receipt of the bus, and to pay KRW 100,000 per month thereafter.”

However, the Defendant did not have any intent or ability to pay the bus after one year, even if he received the bus from the victim, because the debt amounted to KRW 170 million only to financial institutions, such as the capital company, etc. at the time, did not reach KRW 170,000,000, but did not enter any particular revenue as the operational status of E aggravated.

Nevertheless, the Defendant did not pay KRW 50 million out of the price, even when the Defendant received the above bus amounting to KRW 56 million from the victim by making a false statement to the victim as above, and thereby acquired property benefits equivalent to the same amount.

2. On April 17, 2014, the Defendant against the victim H, who received a request to change the route from the victim H that was operating in a coffee shop where the trade name near the Seoul Mapo-dong Seoul Mapo-gu Police Station was unknown, to request the victim to change the route from the victim H that was operating in the coffee shop, the Defendant would pay the vehicle price to the victim, stating that “the vehicle would be changed to another one, and the vehicle cost would be KRW 56 million. The vehicle cost would be KRW 56 million.”