beta
(영문) 서울동부지방법원 2017.09.22 2017고정255

사기

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 2015, the Defendant filed a complaint against the Victim C with the victim from the Packaging in Songpa-gu Seoul Special Metropolitan City on September 2015, 2015, where the name of the Defendant was unknown. The Defendant filed a complaint against the Victim C by failing to lend the money to another person.

The loan of KRW 23,50,000 is different; instead, until the test to provide a vehicle owned by the vehicle as security is repaid, four vehicles are used. The money would be repaid by December 31, 2015.

However, in fact, the defendant did not have the intent or ability to repay the borrowed amount with a large amount of debt, and would provide it as security.

One vehicle has no value as security because of the so-called large-sized vehicle that can not take the procedure for the transfer of ownership.

Around September 10, 2015, the Defendant acquired 23,500,000 won from the damaged person to the account in the name of the National Bank in D's name designated by the Defendant.

On March 8, 2015, the Defendant of 2017, the F restaurant located in Songpa-gu Seoul Metropolitan Government on March 8, 2015, concluded that “The Defendant borrowed KRW 500,000 to the victim G as security: “I will pay money after one month after lending money; I will recover the vehicle.” On the one hand, I left one vehicle of H number plate as security to the victim.

However, even if the defendant borrowed money to the victim, he did not have the intention or ability to repay it, and the vehicle delivered as security was also a vehicle with no value of security.

The Defendant, on March 8, 2015, shall belong to the damaged party.

3.9. A total of 4.72 million won was remitted to a new bank account (I) in the name of the Defendant on two occasions around the day.

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

Summary of Evidence

[2017 High 255]

1. Partial statement of the defendant;

1. Each legal statement of the witness C, J and K;

1. Detailed statement of transactions of automation machinery;

1. Original register of each motor vehicle registration;

1. The loan certificate (the defendant and his defense counsel shall pay money from the victim;