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(영문) 서울서부지방법원 2014.07.23 2014고단550

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around July 24, 2012, the Defendant told the victim C to “afrod vehicle from auction, which had been sold by auction, would be able to promptly lease the vehicle at a successful bid, if the vehicle is sold by auction, with the lease deposit of KRW 15 million.”

However, the facts are that the defendant had no intention or ability to lease a motor vehicle at the auction even if he/she received lease down payment from the victim because his/her debt amounted to 2.8 billion won around 2012.

The Defendant, as such, by deceiving the victim, received KRW 15 million from the victim to the Defendant’s account in the name of foreign exchange bank account in the same day.

2. The Defendant, around November 9, 2012, at the victim’s house located in 103 Dong-dong 602, Ansan-gu, Sinyang-gu, Sinyang-gu, Gyeonggi-gu, that “The Defendant would have the Defendant repaid KRW 40 million from KRW 140,000 to KRW 40,000,000,000,000,000,000,000,000, in F under F’s name, by means of leasing a vehicle under BMW520D. Furthermore, F is obliged to pay KRW 25,00,000,000,000,000,000,000 prior to the end of November 2012, the Defendant would return KRW 40,000,000.”

However, even if the Defendant borrowed money from the victim with a debt of KRW 2.8 billion around 2012, the Defendant did not have the intent or ability to pay the borrowed money under F’s name even if it borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 25 million from the victim to the foreign exchange bank account in the name of D on the same day.

3. On November 13, 2012, the Defendant left the victim’s house to repair “MW 520D vehicle” at the victim’s house, but there is no repair cost.

A vehicle shall be sold by searching for the vehicle, but the money may also be sold, and the money borrowed may also be repaid before it is paid.

Additional KRW 50 million shall be added to KRW 40 million prior to loaning KRW 50 million.