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(영문) 대구지방법원 2017.08.31 2017고단3796

사기

Text

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

Reasons

Punishment of the crime

On June 11, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. in the Western Branch of the Daegu District Court for the execution of the sentence on January 29, 2014, and was exempted from the execution of the sentence by special amnesty on January 29, 2014.

1. On March 11, 2014, the Defendant alone committed the Defendant’s sole crime to the victim T in the S cafeteria located in Daegu-gu R, Daegu-gu, “Is this vehicle with U (V) with the inside of the vehicle, and would be money if sold after purchasing used cars.

In fact, at the time of the fact, the defendant or V did not work as a motor vehicle with the intention to use the money as an existing debt repayment and living expenses, and there was no intention or ability to return the money to the victim.

As above, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the account in the name of the Defendant’s wife F on the same day from the victim, and acquired KRW 34,512,690 in total on 13 occasions from the same day to May 22, 2014 as the list of crimes in the attached Form.

2. The Defendant and V conspired with V to acquire the purchase price of the vehicle from the damaged person on the ground that the Defendant, along with V, was a strawer U with the latter.

Around May 2, 2014, the Defendant and V stated that the sports park located in the long-term Dong, Seogu, Daegu-gu, that “I will sell the above Adidi vehicle and return the proceeds therefrom if I would like to sell the vehicle to I, on the face of the week, after purchasing the vehicle with a low-priced vehicle.” On May 8, 2015, the Defendant and V said that “I will sell the said Adi vehicle and return the proceeds therefrom if I would like to pay the proceeds.”

However, at the time of fact, V has already used cars.