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(영문) 제주지방법원 2015.09.23 2013고단1172

사기등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 8, 2008, the Defendant: (a) received the request from the victim B to sell one of the three vehicles C Aridi A6 car owned by the victim; (b) sold the said vehicle to a person who is not registered in the used vehicle trading company in the trade name of the Dong-dong, Busan Metropolitan City on the eightth day of the same month; (c) paid 1.5 million won with unpaid fines for negligence, etc.; and (d) paid 6 million won with unpaid proceeds for the said victim while keeping the remaining sales proceeds for the said victim, the Defendant did not deliver the said KRW 6 million to the victim at his own discretion; and (d) embezzled it with the funds for the operation of the main shop operated by the Defendant.

2. Around June 10, 2008, the Defendant concluded that “I will pay the principal and interest after one week if I lend the Liberic Operating Fund to KRW 10 million, as I wish to do so, in the victim B’s residence of the Da apartment-gu Do, Busan Metropolitan City, Busan, A, Dong 703.”

However, it was difficult for the defendant to operate the main office at the time, and there was a debt of approximately KRW 40 million, so even if he borrowed money from the victim, he did not have the intention or ability to pay it normally.

As such, the Defendant, by deceiving the victim as such, obtained KRW 10 million from the victim as the borrowed money, and acquired it by fraud.

3. Around October 22, 2008, the Defendant: (a) laid off the bC card (E) of our bank located in B’s wall from the residence of the above B; (b) inserted the said bC card from the cash withdrawal machine at the number of cash withdrawal machines at our bank maturity; and (c) withdrawn from the said 2 million won from the said date to November 25, 2008 by inserting the password in the same manner; and (d) cut off the total amount of KRW 7 million over four times as indicated in the list of crimes, as follows.

On October 22, 2008, the method of committing an amount of damage by the temporary place of crime No. 500,000,000 won by holding the credit card of 2 million won at the time of cash withdrawal with the credit card of 2 million won at the time of receipt of the bank. < Amended by Presidential Decree No. 21083, Oct. 23, 2008>