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(영문) 대전지방법원 2019.01.31 2018고단1877

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and three months.

The defendant pays 12,798,732 won to the applicant for compensation.

Reasons

Punishment of the crime

On August 17, 2018, the Defendant was sentenced to six months of imprisonment for larceny and one year of suspended execution at the Daejeon District Court on August 17, 2018, and the said judgment became final and conclusive on August 25, 2018.

"2018 Highest 1877" defendant was a used car with a used car with a Crane and stored a used car from D.

On April 26, 2017, the Defendant established a mortgage of KRW 7,700,000 at the claim value in E (State) in the future, and the Defendant actually accepted the said vehicle on condition that the said vehicle is repaid in lieu of the said D.

On June 9, 2017, the Defendant displayed the said vehicle to the victim G (Namnam and 37 years of age) who reported and contacted an Internet advertisement to the effect that used cars are sold in front of the Seo-gu Daejeon, Seo-gu, Daejeon, and received a proposal from the victim to the effect that the victim would directly repay his/her debts owed on the said vehicle. However, the Defendant was transferred KRW 14,150,000 to the Hbank bank account in the name of the Defendant on the same day, on the same day from the victim, to the effect that “the owner of the said vehicle is the Defendant, but the said vehicle is the owner of the said vehicle, and the said vehicle is the owner of the said vehicle.”

However, the Defendant thought that the purchase price received from the victim will be used first to repay obligations to others, and there was no intention or ability to immediately transfer the ownership that is not restricted by using the said purchase price as funds necessary to cancel the said mortgage.

On June 9, 2017, the Defendant: (a) received the money from the victim for the said purchase; (b) transferred KRW 11,500,000 out of the said purchase money to a deposit account in the name of a J union in the name of a principal debtor on the same day; and (c) did not use the said purchase money as funds for cancellation of the said mortgage; and (d) the victim’s future vehicle.