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(영문) 인천지방법원 2014.11.20 2014고단5024

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On April 9, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Incheon District Court, and the judgment became final and conclusive on June 26, 2014.

around November 20, 2012, the Defendant stated that “Around November 20, 2012, the Defendant would make a false statement to the victim to the effect that “The 49,596,982 of the monthly installments to loan the Hyundai Capital of the Cargo is KRW 33,00,000, and the vehicle price is KRW 33,596,982, and the vehicle price is KRW 33,000,000, as the internal installments are paid in full to the Hyundai Capital and then remitted the remainder of KRW 16,59,982.” The Defendant wired money to the victim to the effect that the payment is made in full within one week.”

However, in fact, even if the defendant received the above cargo and money from the victim, he did not have the intention or ability to pay the installment in full, and was to use it to pay his personal debt.

Nevertheless, the Defendant, by deceiving the victim as such, received 33,00,000 won at the F Driving Institute located in Jung-gu, Incheon, Jung-gu, Incheon, through a consignment officer, from the victim, and acquired 16,596,982 won as the balance of installments around November 21, 2012.

On December 22, 2013, the Defendant “2014 Highest 7009,” made a false statement to the victim I at the Jung-gu Incheon Metropolitan City G G located, stating that “The vehicle number plate for personal business use is to be deposited in KRW 34.5 million.”

However, the defendant did not have an intention or ability to seek the number plate for business, even if he received money from the victim because he did not have any economic difficulty, such as paying the principal and interest, because his personal obligation is equivalent to 300 million won.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 1.5 million from the victim on December 26, 2013, KRW 10 million on January 4, 2014, and KRW 23 million on January 9, 2014 from the Defendant to the national bank account (K) account under the Justice’s name.