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(영문) 전주지방법원 2014.12.23 2013고단2575

사기등

Text

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

Reasons

Punishment of the crime

On January 11, 2011, at the Jeonju District Court, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Jeonju District Court, and completed the execution of the above punishment on February 24, 2011.

"2013 Highest 2575"

1. On August 30, 201, the Defendant concluded that “A gas station operated by the victim D in Kim Jong-si, the Defendant would sell the vehicle and receive the payment in the passbook, and deposit it with the head of the passbook. It would be possible to withdraw it after 13:00 per day, and it would be possible to refund it in the face of 2.5 million won.”

However, in fact, the defendant suffered damages equivalent to approximately KRW 80 million through private horse, and he borrowed money to continue to invest in the horse, so even if he borrowed money from the victim D, he did not have the intent or ability to repay the borrowed money.

Such deception and its deceiving were delivered from the above victim, i.e., KRW 2.5 million.

2. On September 21, 201, the Defendant sent a 2005 Ecoo to the victim F by telephone at an insular place on September 21, 201, the price of which was KRW 9 million and KRW 3 million to take over the vehicle in Seoul, first of all, the Defendant will transfer the vehicle to the victim F by telephone.

The term "the expression was false."

However, the defendant did not have any intention or ability to purchase a motor vehicle due to the reasons such as paragraph (1) even if he received money from another person for the purpose of purchasing the motor vehicle.

As above, the defrauded received three million won from the said victim to the Agricultural Cooperative Account in G name (H) on the same day, and around that time, he/she acquired the pecuniary benefits equivalent to KRW 15 million by receiving a total of eight times from around October 25, 201, as shown in the annexed crime list, from around that time to October 25, 201.

"2014 Highest 1086"

3. The Defendant, at around 17:00 on October 21, 201, requested the victim JJ’s house located in Ha, Gowon-gun, Gowon-gun, Changwon-gun, to purchase one ton of the heavy cargo to the said victim.