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(영문) 서울중앙지방법원 2015.03.19 2015고단653

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 2013, the Defendant had been engaged in the imported automobile brokerage business in the name of P in the Gangnam-gu Seoul O building.

Around July 7, 2014, the Defendant made a false statement to the effect that the Defendant would sell a passenger car, an imported vehicle, to the victim by making a telephone conversation with the victim AH in Gwangju Metropolitan City, and that the Defendant would transfer a passenger car more than three months if it transfers a passenger car amounting to KRW 54.5 million.

However, the Defendant sold imported automobiles to raise sales at the time, and caused difficulties by a person who wants to purchase an imported vehicle on the wind generated by the enemy, such as preserving the deficit with the advance payment received from the person who wants to purchase the imported vehicle, and returning the money to the office operation expenses, etc. In addition, the Defendant was willing to use the money which the victim would receive in advance from the victim to prevent such return, and thus, even if the Defendant received the payment from the victim, the Defendant did not have the intent and ability to transfer the said bents car to the victim as agreed upon.

The Defendant received KRW 50 million from the victim to the new bank account in the name of the pertinent P and received KRW 4.5 million in total from the victim’s 8th day of the same month, and KRW 4.5 million in total from the Plaintiff to the new bank account in the name of the said P.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of AH;

1. Application of statutes on a motor vehicle sales contract and a financial transaction statement;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant confessions the defendant and reflects his mistake in depth, the defendant does not have any other criminal records except for those punished twice by a fine of another type of crime, the defendant agreed with the victim, and the defendant committed a crime similar to the crime of this case on January 29, 2015.