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(영문) 서울중앙지방법원 2016.12.14 2016고단5974

사기

Text

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

Reasons

Punishment of the crime

Around March 2013, the defendant was a person who has operated a foreign construction consulting company, and entered into a contract for the project for the renovation and repair of the state-run electric power company, E, and Fridge. However, the defendant was unable to carry out the project due to the failure to receive the advance payment from the Government of the Congo, and as the advance payment is not confirmed at any time, the defendant did not receive the advance payment from the Corporation.

1. On November 2013, the Defendant stated that “The Defendant is running an electric plant business at the bean Republic of Korea. The Government of the Congo has not paid the purchase price of goods to be paid to be paid to be paid to be paid for the bean because money has not been paid. If 500,000 won is invested, 10% of interest shall be paid from the money received from the Government of the bean Republic of Congo. If there is no money to make an investment, the Defendant would transfer the vehicle in possession. The Defendant would request the acquisition of the vehicle. The Defendant would use the vehicle as a security loan for money, and would recover and return the vehicle with the money received from the Government of the Congo after one month.”

However, even if the defendant prepared and used money by means of selling a vehicle with a vehicle in excess of H owned by the victim, the defendant did not have any intent or ability to return the vehicle to the victim because there is no fund to purchase the vehicle again.

On November 6, 2013, the Defendant: (a) by deceiving the victim as above; (b) sold 25 million won to I, a vehicle dealer, after passing a car owned by the victim on November 6, 2013; and (c) acquired the above vehicle amounting to KRW 50 million from the market price of the vehicle owned by the victim by deceiving the victim by means of not returning the vehicle to the victim.

2. On December 26, 2013, the Defendant calls to the victim at a non-place and deposits money from the Government of the Congo to the common account in the name of E and D.

Since it is difficult to find money as a joint account, it is received by changing it to the account of the LAD.