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(영문) 대전지방법원 2017.09.08 2016고합401

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is a person who works as a business employee in Heak-gu Seoul Motor Vehicle Sales Complex (No. 108) D.

1. Crimes against victims E;

A. On November 12, 2015, the Defendant told the victim E, who was engaged in the business of buying used cars, that the Defendant would buy and sell a vehicle at the request of the victim E, who was engaged in the business of buying used cars in the middle and middle distance from the trade name of the F.

However, because the Defendant was unable to repay the borrowed money to the neighbors at the time and was urgencyed to the so-called “the return prohibition,” the Defendant did not have the intent or ability to purchase used cars and pay the proceeds to the victims even if he received the money from the victims as the purchase price for used cars.

The Defendant, as above, was delivered KRW 780,000,000 from November 2015 to February 26, 2016 to the victim, including by deceiving the victim and receiving KRW 69,00,00 from the victim on the same day.

Accordingly, the defendant deceivings the victim and 780,200,000 won in total.

B. On March 2, 2016, the Defendant: (a) was parked in the vicinity of the Cheong-ju bus terminal located in the So-gu Seo-gu So-young, Chungcheongnam-gu, Chungcheongnam-do on March 14:00, 2016.

G, within the first passenger car, the victim stated to the effect that “The victim borrowed KRW 100 million to the person “H,” and paid the money in lieu of the money, and would have repaid the money again to H.

However, at the time, the Defendant borrowed KRW 140 million to H, and as such, the Defendant was in a sudden situation, as it was impossible to repay the borrowed money to the surrounding persons at the time, and thus, was at a so-called “return prevention.” Thus, the Defendant borrowed money from H even if the Defendant paid the Defendant’s debt 100 million to H on behalf of the Defendant, and the Defendant again borrowed money from H.