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(영문) 인천지방법원 부천지원 2015.02.11 2015고단49

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 20, 2013, the Defendant entered into a false statement that “A” used vehicle sales business store operated by the victim C in Bupyeong-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City and purchased KRW 23,700,000 from the president of E who had worked before the president, shall pay the E money to the president, and if he/she lends money to the E president, he/she shall dispose of the vehicle within one week and repay it.”

However, in fact, given that the F string and string of the above five vehicles were only entrusted to the Defendant, even if the Defendant received money from the victim, it could not be transferred. At the time, the Defendant was in excess of KRW 100 million, and the Defendant was in excess of KRW 100 million, and was paid with other debts in the form of “defluence”, so even if the vehicle was sold, there was no intention or ability to pay the money borrowed from the victim.

As such, the Defendant, by deceiving the victim, received 23,700,000 won from the victim to the corporate bank account in the name of the Defendant’s wife G to the Defendant’s corporate bank account in the same place.

2. Once the Defendant received KRW 23,700,000 from the victim at the time and place specified in paragraph (1), the Defendant made a false statement to the victim, stating, “If he/she lends KRW 12 million to the victim, he/she would dispose of rocketing, NF, Stwit-R, and Ecoo that he/she would return to him/her after five days if he/she lends KRW 12 million to the victim.”

However, as above, the Defendant did not have any intent or ability to pay other debts even if he borrowed money from the victim, because he was in a sudden situation that he paid other debts in the form of a tentatively named “defluence”.

The Defendant, by deceiving the victim as such, received KRW 9,00,000 from the victim to the corporate bank account in the above G name from the victim’s position.