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(영문) 광주지방법원 순천지원 2018.10.19 2017고단2861

사기

Text

A defendant shall be punished by imprisonment for six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to the suspension of the execution of official duties in the Gwangju District Court's net support on May 18, 2016, for six months of imprisonment and two years of suspension of the execution of official duties, and the judgment became final and conclusive on July 31, 2017, and is currently under probation.

[2] The Defendant is a person who is engaged in transportation business in “D” in “D” at the time of leisure, and E is a person who works in F, a transportation business advertising company, and the Defendant posted an advertisement for selling and selling oil trucks on the Internet through F, in which E works.

On June 30, 2016, the Defendant reported the Internet advertisement posted by the Defendant in the car trading company located in G at Sh at Sh around June 30, 2016, and displayed the oil transport vehicle (I) sold by H to the victim B, and the Defendant would allow J to deliver the vehicle through the city bus service within one week if the above cargo vehicle is 1.3 million and is purchased.

“.....”

However, in fact, the above cargo was 120 million won, and the defendant did not acquire the oil transport business right, and there was no consultation with other oil companies for this purpose, so even if the injured party purchased the above cargo, he did not have the intention or ability to deliver it to the injured party.

The defendant deceiving the victim as above and let the victim purchase 1.3 million won of the above cargo vehicle from H, and paid 30 million won of the vehicle from H as introduction expenses, etc., and 10 million won of the vehicle from H as introduction expenses, which is the difference between 1.20 million won of the vehicle price and 1.2 million won of the vehicle from H, and received in cash from the above automobile trading company, and received 10 million won of the vehicle from E as introduction expenses, and received 1,000 won of the vehicle from E to its post office account (K).

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to B or L;

1. Copy of an employment advertisement closure;

1. A previous conviction in judgment: an inquiry about criminal history;