beta
(영문) 대구지방법원 2019.01.09 2018고단2539

사기등

Text

A defendant shall be punished by imprisonment for six 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 fraud at the Daegu District Court, which became final and conclusive on May 16, 2018.

around April 26, 2018, the Defendant made a false statement to the effect that “The victim D has a Fenz vehicle at the E Trading Company known to him/her, who is fine. The vehicle purchase price, insurance premium, etc. will be transferred on the face of the week.”

However, even if the defendant receives the purchase price of a vehicle from the victim, he thought that it will be used for personal debt repayment, etc., and there was no intention or ability to purchase and transfer the vehicle.

Around April 26, 2018, the Defendant, by deceiving the victim as above, received KRW 15,400,000 from the victim’s G bank account (H) in the name of the Defendant; KRW 3,110,000 from the same account around the 27th of the same month; and KRW 500,000 from the same account around the 30th of the same month; and acquired KRW 45,00,000 in total after receiving KRW 26,00,000 from the victim around the 27th of the same month.

"2018 Highest 3884" Defendant is a person who engages in the sales of used cars under the trade name of "J" from Daegu Dong-gu I.

On April 27, 2018, the Defendant submitted an installment loan agreement with the victim NF Co., Ltd. to the effect that “O will continue to provide an installment loan to a high-speed motor vehicle from Pleerode off,” through the brokerage company M, which is located in Daegu-gu K around April 27, 2018, and entered into an installment loan agreement equivalent to KRW 35 million with the victim. However, even if the Defendant applied for an installment loan under the name of theO and received a direct deposit of the loan, he/she did not have any intent or ability to use the loan as a used motor vehicle.

Nevertheless, the defendant deceivings the victim as above, and such deceivings from the victim to the G bank account in the name of the defendant.