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(영문) 부산지방법원 2019.07.24 2019고단2275

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 27, 2016, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. at the Busan District Court on January 27, 2016, and completed the execution of the sentence in the Seongbuk Detention House on October 15, 2016.

On December 14, 2017, the Defendant made a false statement to the effect that “R” will be purchased at KRW 8,800,000 from the victim S through the “R,” which is an offtobago trading site, at a place where no location is known. The Defendant would pay 1,100,000 won as down payment and pay the remaining KRW 7,700,000 per month.”

However, in fact, the Defendant was only liable for the amount of KRW 10 million at the time without any particular property or income, and the seller was also unable to pay the remainder to the seller, and thus there was no intention or ability to pay the amount normally even if the Defendant purchased the substitute with the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received a delivery of approximately KRW 8.8 million at the market price in front of the Yangcheon-gu Seoul Metropolitan Government Ttel on the same day from the victim.

On January 27, 2016, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. at the Busan District Court on January 27, 2016, and completed the execution of the sentence at the smuggling detention house on October 15, 2016.

On May 21, 2018, the Defendant: (a) purchased VW 80CC 5.9 million won to the victim U at the Simsan Museum parking lot located in Changwon-si, Changwon-si, Changwon-si; (b) “The purchase price shall be KRW 1.4 million on June 10, 2018; (c) KRW 1 million on June 25, 2018; (d) KRW 1 million on July 20, 2018; (e) KRW 1 million on August 20, 2018; and (e) August 20, 2018; and (e) September 20, 2018.”

However, in fact, the defendant did not have any intention or ability to pay the price normally even if he received the price from the victim because he did not have any property or income but has only a debt of about 15 million won at the time.

Nevertheless, the defendant deceivings the victim as above.