beta
(영문) 부산지방법원 동부지원 2016.01.20 2014고단2162

사기등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be liable to the applicant B for the compensation of KRW 3,500,000,000.

Reasons

Punishment of the crime

"2014 Highest 2162"

1. On January 24, 2014, the Defendant made a false statement with the Defendant’s birth F in front of the E warship located in the Haban-gun, Haban-gun, Haban-gun, with the Defendant’s birth, to the effect that the Defendant would sell the said vehicle to the victim for KRW 9 million if he/she entrusted the sale of the H3.5 tons of the victim’s H3.5 tons of the vehicle to the victim.

However, in fact, the Defendant had a personal debt of KRW 80 million at the time, and around January 15, 2014, through documents such as the vehicle registration certificate, etc. issued in advance by the injured party and used the above vehicle as collateral, and thus, even if the Defendant received the above vehicle from the injured party, he/she did not have the intent or ability to pay the purchase price for the vehicle to the injured party even if he/she received the above vehicle from the injured party.

Nevertheless, the defendant deceivings the victim as above and acquired the above vehicle from the victim on the same day.

2. On January 29, 2014, the Defendant was in a parking lot for agricultural products located in the Busan Metropolitan City, Daegu Metropolitan City, Daegu Metropolitan City.

A false statement was made to the effect that “A vehicle (vehicle number plate change) as set forth in paragraph 1 is sold to the victim J, and “A vehicle is subject to a mortgage at present on the above vehicle, but all obligations are fully repaid, and thus, a mortgage is revoked within a week, including the test and the introduction expenses, to pay KRW 6.8 million for the vehicle.”

However, in fact, the Defendant had a personal obligation of KRW 80 million, and the Defendant did not have any intent or ability to cancel the right to collateral security by using the money that he received as collateral of the said vehicle as a personal obligation repayment as stated in paragraph 1.

Nevertheless, the defendant deceivings the victim as above and received a total of 6.8 million won from the victim as the vehicle price.

On October 20, 2014, the Defendant of the 2015 Highest 1027, the Defendant of the 2015 Highest 1027, half of the Korean Agricultural Products, located in the Busan Shipping Daegu-do, and up to 6,300,000 Korean Poter Cargo of the Victim B in the agricultural products market.