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(영문) 수원지방법원 2016.12.15 2016고단4981

사기등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who has performed his/her work with a heavy and rapid motor vehicle with the E-motor vehicle trading company located in Suwon-si D.

"2016 Highest 4981"

1. On June 20, 2016, the Defendant made a telephone call to the victim F of the above trading company’s representative at the flood site, and stated to the effect that “If the Defendant borrowed the purchase price to purchase, he/she would sell and pay the vehicle after purchasing the vehicle.”

However, in fact, even if a vehicle was purchased with money from a victim due to the fact that there was no property, and the vehicle was not paid with money from another person, there was no intention or ability to pay the money to the victim because it was used to repay the money.

As such, the Defendant, by deceiving the victim, received KRW 26 million from the victim’s national bank account (H) in the name of the Defendant, and, from May 8, 2015 to August 2, 2016, acquired the victim totaling KRW 782 million through 32 times from the victim as shown in the attached crime list from May 8, 2015 to August 2, 2016.

"2016 Highest 5051"

2. Around 11:00 on June 22, 2016, the Defendant expressed to the effect that the Defendant would sell the victim’s vehicle at the victim J’s office located in Ansan-si, Seoul-si, to the effect that the Defendant would sell the victim’s vehicle at KRW 20 million.

However, there was no intention or ability to pay the price by selling a vehicle, even if the victim gets a vehicle from the victim due to the absence of any particular property and the failure to pay the money in purchasing the vehicle from another person.

As such, the Defendant, by deceiving the victim, received the above vehicle equivalent to KRW 20 million at the market price from the victim and fraudulently acquired it.

"2016 Highest 5565"

3. On July 18, 2016, the Defendant: (a) around the place of business of the said E-motor vehicle trader, MK5.