beta
(영문) 대구지방법원 2015.09.23 2015고단1355

사기등

Text

Defendant

A Imprisonment of four years and six months, Defendant B’s imprisonment of one year and two months, Defendant C’s imprisonment of one year and six months, and Defendant D.

Reasons

Punishment of the crime

[Criminal Justice] On April 1, 2010, Defendant A was sentenced to three years of imprisonment for fraud, etc. at the Daegu High Court, and completed the execution of the sentence in the Daegu Prison on August 24, 2012.

[2015 Highest 1355] Defendant A, among the customers who leased high-class automobiles on the installment payment terms by a lessee, had the customers who feel their refusal to do to do so or do not want to pay the remainder of installment due to financial reasons, etc., through the Internet trading site, such as “SKkkkk,” and “SKkk,” etc., and had access to them as if they run the used vehicle selling company of K in Daegu, Defendant A intended to have another person succeed to lease or to obtain the vehicle by deceiving Defendant A to directly succeed to lease.

1. On January 19, 2015, Defendant A made a false statement to the victim L at the 6th floor parking lot of the building underground in the building of the Financial Investment Association located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul Metropolitan Government, that “If the delivery amount of a vehicle is paid in KRW 9 million and the MW428i is transferred, Defendant A would have succeeded to the other person.”

However, in fact, Defendant A did not have the intention or ability to transfer the said car because he thought that the car was sold to the stolen business operator immediately after he received the car from the victim.

Defendant

A by deceiving the victim as such, A received from the victim the above BMW428i vehicle equivalent to the market value of KRW 60,900,000 from the victim.

2. On February 12, 2015, Defendant A made a false statement to the victim N, stating, “A is the president of the automobile dealer in Daegu, who is the president of the automobile dealer in the Republic of Korea, who is the low customer, intends to buy this vehicle, and the low customer is operating the main plant without any problem to succeed to the lease.”

However, in fact, the defendant A received the above car from the injured party.