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(영문) 서울중앙지방법원 2019.05.29 2019고단1946

사기

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

[Basic Fact-finding] The Defendant accessed the victims who wish to make a short-term lease of a passenger car at a certain price, and received the said passenger car as if it were returned after short-term lending of the said car, and had the intent to sell the said car to the motor vehicle dealer.

【Criminal Facts】

1. On March 16, 2019, around 15:30, the Defendant posted a letter “B” on the front side of the Southern Square in front of the public parking lot located in 105 in the Gyeonggi Square (15:30 on March 16, 2019, the Defendant received from the victim C a delivery of approximately KRW 16 million at the market price.

However, the defendant thought that he would sell the car borrowed from the victim to the motor vehicle dealer (E) in the name of the victim, and even if he borrowed the car from the victim, he did not have the intention or ability to return it later than five days.

Accordingly, the defendant deceivings the victim as above and acquired the property from the victim.

2. On March 20, 2019, the Defendant: (a) received from the victim F, who was introduced from the person under whose name the Defendant became aware of the place below Busan, around 20:00; and (b) received from the victim F, “at least 1.6 million won if he/she lent the benz car for five days,” and received from the victim’s mother-friendly G owner’s delivery of the HW sport car where the victim’s market price cannot be ascertained.

However, the defendant thought that the motor vehicle borrowed from the victim was sold to the motor vehicle dealer (one named "I") in the name of the victim, and even if he borrowed the motor vehicle from the victim, there was no intention or ability to return it later than five days.

Accordingly, the defendant deceivings the victim as above and acquired the property from the victim.

Summary of Evidence

1. The defendant;