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(영문) 부산지방법원 2014.10.07 2014고단2539

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2013, the Defendant made a false statement to the effect that “The Defendant would sell the party room unless deposit money is deposited into the Agricultural Cooperative Account of D, the owner of the vehicle,” at the instant coffee shop located near Busan Metropolitan City, 5, 1000 Busan Metropolitan City, Do 5,000.

However, in fact, the Defendant did not proceed with the above benz vehicle contract that the victim wants to purchase and received the down payment from the victim, and the said deposit account was merely an account that the Defendant borrowed the name of the owner of the vehicle and used it. Thus, the Defendant did not have any intention or ability to purchase the vehicle that the victim wants.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim as the down payment around July 9, 2013, to the Agricultural Cooperatives Deposit Account in the name of D.

2. On July 2013, the Defendant made a false statement to the effect that “The Defendant would obtain a second 29.9 million won loan from Hyundai Capital E in the name of Hyundai Capital E in the name of the party’s woman-friendly job offers, and then procure it as the vehicle price for bents under the contract as above,” at the above place.

However, even if the Defendant did not have been under the benz vehicle contract as above and took out a loan, he did not wish to pay the loan amounting to KRW 20 million for the personal debt of KRW 9,000,000,000 after paying the personal debt of KRW 20,000,000,000, which the Defendant bears with respect to the benz vehicle contract.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim apply for a loan on July 19, 2013 at the same time and on the same day.