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(영문) 대구지방법원 2019.03.27 2019고단251

사기

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On May 8, 2018, the Defendant was sentenced to a suspended sentence of one year and six months for a crime of fraud at the Daegu District Court, which became final and conclusive on May 16, 2018. On January 9, 2019, the Defendant was sentenced to six months for a crime of fraud at the Daegu District Court and continued to operate a used motor vehicle sales business for a person who is still in the appellate trial (Tgu District Court 2019No351).

Although the Defendant was thought to use a used vehicle purchase fund from the victim AD as debt repayment or living expenses to others, the Defendant did not have the intent or ability to pay the proceeds from the purchase of the vehicle to the victim;

1. On May 25, 2017, at the office of “AF” (AF) of the used vehicle sales headquarters located in Daegu-gu AE-gu, Daegu-gu, stating that “The victim would purchase and sell a heavy vehicle and sell it, and then sell it.” The victim acquired KRW 11,000,000 from the victim’s account in the name of the Defendant’s wife on the same day, by deceiving the victim to the G bank account in the name of the Defendant’s wife;

2. On February 14, 2018, the victim made a false statement to the same place, stating that “The victim would purchase and sell a high-speed vehicle to purchase and sell a high-speed vehicle on the face of the main page,” thereby acquiring KRW 10,000,000 from the victim’s account in the name of the Defendant to the bank account in the name of the Defendant;

3. The same year; and

4. The victim, at the same place as of 19.19. The victim, stating that “I would purchase the funds to purchase a second-hand vehicle in the Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-Korean-style Korean-style Korean-style Korean-style Korean-

4. The same year; and

5.0,000,000 won is remitted from the victim’s G bank account in the name of the Defendant to the G bank account under the victim’s name, on the ground that the victim’s false statement is that “to purchase and sell a heavy vehicle on the face of the funds for purchasing a heavy vehicle.”