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(영문) 서울중앙지방법원 2015.05.28 2015고단2231

사기

Text

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

Reasons

Punishment of the crime

[2015 Highest 2231] On May 2014, the Defendant made a false statement to the effect that “T” clothes sales store operated by the Defendant in Gangnam-gu Seoul, Seoul, and the victim V, who came to know through a meeting called “U,” and that “U,” the Defendant would be aware of the defect that the victim would want to purchase a vehicle again.” The Defendant made a false statement to the effect that “I want to purchase a vehicle again. I want to purchase a vehicle again. I will pay for the vehicle to purchase it.”

However, the Defendant was aware of at the time of the vehicle with automobile with no ability to purchase the said vehicle at a container. The Defendant was thought to use part of the vehicle with the vehicle price received from the victim for his own personal purpose. As of December 2, 2013, when there was no specific property, the Defendant had reached a considerable amount of KRW 150 million, and even if having received money from the victim, the Defendant had no intent and ability to transfer the said money to the victim’s name, and there was no capacity to return the said money.

The Defendant, as such, deceiving the victim as such, and deceiving him from the victim, and under the pretext of the money for passenger cars by re-confiscing him, the amount of KRW 20 million on May 20, 2014, and the same year.

6.2.2.2.6.5 million won and the same year under the pretext of expenses for the relocation of the name of a vehicle;

6. On June 16, 196, a sum of KRW 47.5 million, including KRW 1 million, was remitted to the foreign exchange bank account in the name of the defendant and acquired it by fraud.

[2015 Highest 2409] On June 13, 2014, the Defendant came to know that at the “T” clothes store operated by the Defendant located in Gangnam-gu Seoul, Seoul, the victim W intended to sell one vehicle for BMW car owned by the victim, and the victim was working as an agent for the sale of the vehicle at the used vehicle selling company of Gangseo-gu X “Y” in addition to internal double-water stores.

The sales of the Han test shall be at least KRW 53 million, if the sales of the vehicle is entrusted.