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(영문) 광주지방법원 2018.05.08 2017고단851

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal records] On April 26, 2011, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Eastern District Court, and completed the execution of the above punishment on November 3, 201.

[Criminal facts] 2017 Highest 851

1. Around July 10, 2016, the Defendant committed a crime against the victim C, at the reservoir fishing place located in the Cheongsung-gun, Chungcheongnam-gun, North Korea, North Korea, for the death of the victim C, the Defendant made a false statement to the victim C that “I would sell back the above vehicles after purchasing it.”

However, even if the defendant received the purchase fund from the injured party, he was thought to use it as living expenses, etc., and he did not have the intent or ability to purchase or sell the seized vehicle for the injured party.

Defendant deceiving the victim as above and received 3.455 million won from the victim’s national bank E account in the name of D on the same day from the victim, and received 19.9 million won in total five times from August 8, 2016, as shown in attached Table 1 of the List of Crimes.

2. Around January 6, 2017, the Defendant committed a crime against Victim F with “H” located in Gwangju Mine-gu G, Gwangju, the Defendant made a false statement to the Victim F that “The Victim F is able to cover the seized vehicle’s fee, numb, and nburt lurged vehicle. When investing the purchase fund, the Defendant purchased the said vehicle, sold the said vehicle, provided that the principal will be returned.”

However, even if the Defendant received the purchase fund from the injured party, it was thought that it would be used as living expenses, etc., and it did not have the intent or ability to purchase or sell the seized vehicle for the injured party, and there was no intention or ability to return the principal.

The defendant deceivings the victim as above and receives 10,200,000 won from the victim's account under the name of I on the same day, and 30,070,000 won from the same account around the 10th day of the same month, respectively.