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(영문) 서울중앙지방법원 2016.09.23 2015고단8281

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2015 Highest 8281"

1. On December 2014, the Defendant: (a) around the new police station in Jung-gu Seoul, Jung-gu; (b) the victim C of the military c who was a friendly victim of the military police station; and (c) the “E”, which is a manufacturer of the motor vehicles well known to D.

B. A false statement was made that “If a transaction is made through B, it can be Piping at VIP price.”

However, in fact, the defendant was an enterprise that did not know the victim, and the defendant was only willing to obtain the money from the victim, and even if he received the money from the victim, he did not have the intention or ability to have a motor vehicle installed.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 500,00 from the victim on December 19, 2014 under the name of the subscription price for the motor vehicle from the victim; and (c) received KRW 4,466,50,00 in total over 16 times from around that time to August 16, 2015, as shown in the list of crimes in attached Form 16.

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

2. On May 2015, the Defendant made a false statement to the victim C at the place of the above paragraph (a) at the beginning of May 2015, 201, stating that “The name of the victim is not to be purchased in the name of the vehicle to purchase used cars. When the Defendant borrowed the four names, the installment payments shall be paid at a fixed price, and the name shall be transferred within three months.”

However, since the defendant did not have a certain occupation, and was liable for credit card payment, even if the victim borrowed the name, there was no intention or ability to transfer the registration in the name of the defendant within three months.

Nevertheless, on May 25, 2015, the Defendant: (a) by deceiving the victim as above; (b) obtained a loan of KRW 13.2 million from the HK Savings Bank; and (c) purchased used cars; and (d) acquired pecuniary profits equivalent to the above loan by purchasing used cars.

This is the defendant.