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(영문) 서울남부지방법원 2016.12.14 2016고정2049

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the used car brokerage business.

1. Around January 2008, the Defendant found the victim C’s home place in Guro-gu Seoul Metropolitan Government around January 2008, and received KRW 9.8 million from the victim as of July 30, 2008, which read, “The Defendant would make a lot of profits from the accident of heavy vehicles, and would make an investment in the capital to sell and sell heavy vehicles short of capital, and would make an investment, against the profits.”

2. In addition, around October 27, 2008, the victim was 1940,000 won by deceiving the victim to purchase 0.5 tons of cargo vehicles and to make more investments.

However, even if the victim has invested in money, the defendant did not intend to sell used cars and make profits from the sale of used cars and did not have the intent to distribute it to the victim or to return the invested money even if there was no profit from the profit.

Nevertheless, the Defendant, as above, obtained a total of KRW 1,174,00 from the victim on two occasions and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes on banking transactions;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the relevant criminal facts and the choice of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;