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(영문) 창원지방법원 2020.05.01 2019고단4094

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a person who was working as a bitler at the Busan new port, and the victim B was a person who liveded with the defendant from January 2016 to July 2018.

1. On January 2016, the Defendant argued that “The Defendant would prepare a number plate if he deposits KRW 20 million.” to the victim B, who was performing a pipe cutting work at the time, in the Defendant’s residence located in Jinhae-gu, Jingu, Changwon-si, Jinwon-si, Seoul, and that “if he works less than the one doing so, he may much more than the one doing so.” The value of the board of business license is KRW 20 million.

However, in fact, the Defendant was in a bad credit position at the time and was responsible for a large amount of debt such as credit card payments and loans, and was expected to consume the amount for the purpose of personal repayment, etc. even if the amount was received from the said victim, and there was no intention or ability to use it for the purchase cost of the business license plate for the said victim.

As above, the Defendant, by deceiving the said victim, was transferred from the said victim to the new bank account (E) in the name of the Defendant, KRW 18 million in total, from January 19, 2016 to KRW 7 million on or around January 22, 2016, and around January 22, 2016 to KRW 18 million on or around January 22, 2016.

Accordingly, the defendant was given property by deceiving the above victim.

2. Around March 2016, the Defendant proposed that he would sell the vehicle from the victim B to the victim B in the above Defendant’s residence, with the consent of the said victim by suggesting that “I would sell the vehicle from the vehicle from which he would have no two automobiles. I would see it.” On March 21, 2016, the Defendant obtained the consent of the said victim. On March 21, 2016, the Defendant transferred the vehicle from the victim’s dwelling to the business members belonging to the “G” of the said vehicle trading company by transferring the name of registration in the name of the said vehicle trading company and received KRW 4 million as the purchase price.

The defendant is under custody of the above four million won for the above victim.