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(영문) 서울동부지방법원 2019.06.13 2018고단4070

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The Defendant is a person who has operated a motor vehicle repair business with the trade name “C” in Seongdong-gu Seoul Metropolitan Government.

1. On March 30, 2017, the Defendant made a false statement to the victim D on March 30, 2017, stating, “BM 18 passenger cars will be repaired at KRW 35 million. To repair a vehicle, the Defendant purchased parts of the vehicle and can repair the vehicle within two months in advance.”

However, the Defendant was unable to operate the above repair business around that time, and even if the repair cost is insufficient to meet the value of parts necessary for repair and receive money from the victim as the repair cost, the Defendant did not have any intent or ability to complete the repair of BM 18 car repair as a plan to be used to operate the above repair business, such as paying the worker’s wages or the cost of parts not paid while repairing the previous vehicle.

The Defendant, by deceiving the victim as above, received 30 million won from the Defendant’s national bank account under the pretext of repair expenses on the same day.

2. On February 3, 2018, the Defendant made a false statement to the victim E by telephone at the repair business site stating, “A car will be repaired at KRW 14 million. To repair a vehicle, the Defendant shall purchase the parts of the vehicle and may repair the vehicle within three weeks in advance, with the value of KRW 10 million in advance.”

However, the defendant had difficulties in operating the above repair business around that time, and even if the repair cost is insufficient to meet the value of the parts necessary for the repair and receives money from the victim as the repair cost, the defendant did not have the intention or ability to complete the repair of the car at that time by the plan to be used for operating the above repair business, such as paying the worker's wages or the cost of the parts not paid while repairing the previous vehicle.