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(영문) 수원지방법원 안산지원 2017.12.27 2017고단1328

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 16, 2016, the Defendant entered into a sales contract with the E, the owner of the above sales store, and paid the down payment of KRW 10 million to the victim F, but he was aware of the fact that the above E first sold the above Obac, "H" around May 19, 2016, the Defendant: (a) purchased the down payment (5 million won, intermediate payment, KRW 13.5 million, KRW 5 million, KRW 5 million, KRW 5 million, and KRW 5 million, and (b) received the aforementioned down payment and intermediate payment from the victim and returned the down payment and intermediate payment to the victim, and (c) received the aforementioned dispute between the victim and the intermediate payment and the intermediate payment from the victim and return the down payment and the intermediate payment to the victim without mind.

On July 29, 2016, the Defendant would return the amount of KRW 18.5 million and the cost of attaching a number plate to the Defendant, if the Defendant returned the amount of KRW 1.8.5 million to the Defendant, as the Defendant would have terminated a sales contract for Oratoba (cancellation).

“The phrase “ was false.”

However, even if the defendant received the payment from the injured party, he did not intend to return the above error.

Nevertheless, the defendant received a total of KRW 20 million from the victim of the same day to the corporate bank account under the name of the defendant, in the name of the price returned from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Each legal statement of the witness F, E, and J;

1. Each letter, a certificate of vehicle transfer, and a detailed statement of entrance fee (33 pages of the investigation records) [the following circumstances revealed by this Court, including the above evidence, in full view of the evidence adopted and examined: