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(영문) 인천지방법원 부천지원 2015.09.02 2014고단3159

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On April 25, 2014, the Defendant made a false statement to the effect that “If 41 million won is paid to the victim E, f4.5 tons of truck will be purchased and transferred its ownership.”

However, in fact, the defendant has been prevented from returning so-called, such as repayment of the vehicle security loan to the lending company as the income accrued from the accumulated losses in the past, and it is planned to return the vehicle price from the victim and use it for his own living expenses, etc., and even if the vehicle price is paid from the victim, there was no intention or ability to transfer the ownership by purchasing the cargo from the victim.

The Defendant received KRW 31 million from the victim as the vehicle price in the same day, and received KRW 41 million in total from a new bank account (I) in the name of H designated by the Defendant, such as receiving KRW 10 million from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On May 15, 2014, the Defendant made a false statement to the effect that “The Defendant would borrow and borrow a five-ton cargo vehicle with five tons of five tons, which is currently in operation, from the 2011 formula to the 2014 formula, from the 2014 formula.”

However, in fact, the defendant has been prevented from returning so-called, such as repayment of the vehicle security loan to the lending company as the income accrued from the accumulated losses in the past, and it is planned to return the vehicle price from the victim and use it for his own living expenses, etc., and even if the vehicle price is paid from the victim, there was no intention or ability to transfer the ownership by purchasing the cargo from the victim.

The defendant, from the victim on June 2, 2014, is 74,965. < Amended by Presidential Decree No. 1000, Jun. 2, 2014>