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(영문) 수원지방법원 안산지원 2017.03.09 2016고단3268

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. In September 201, the Defendant made a false statement to the effect that “The Defendant would purchase and sell a high-speed vehicle on the face of a loan and make a high profit with the principal by selling it to the victim C within the Defendant’s car located in the street near the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City.”

However, the defendant had no intention or ability to pay the principal and high profits to the victim by purchasing and selling heavy vehicles.

On November 17, 201, the Defendant received 2,00,000 won from the injured party’s new bank account (D) with a loan borrowed from the injured party, and the prosecutor recorded in the attached crime list from around that time to December 6, 2013 applied for the modification of the indictment with the content of deleting 1,29,56 the attached crime list Nos. 1,29, and 56 at the second trial date, and this court permitted this.

Therefore, the entry Nos. 1, 29, and 56 of the annexed crime list 1, 29, and 56 shall be deleted, and the sum column shall also be changed as above.

In a total of 70 times, 222,60,000 won was delivered from the injured party and acquired it by fraud.

2. In February 2015, the Defendant: (a) made a false statement that “The Defendant would have an opportunity for the Defendant to work together with a deceased person when she was in possession of a deceased person; (b) would have a 1,000,000 won interest; and (c) would have an amount equivalent to the principal of the existing obligation.” On the other hand, the Defendant would have no deceased person and no money, so that he would have an opportunity for the Defendant to work together with a deceased person.”

However, at the time, the Defendant did not have any special property or income, while he had a debt equivalent to KRW 100,000,000, and even if he did not have any intent or ability to pay more than KRW 10,000,00 in selling with the company, he did not have the ability to repay the money from the damaged party even if he borrowed the money from the damaged party.

On February 10, 2015, the Defendant received 20,000,000 won from the injured party to the National Bank Account (G) of F designated by the Defendant.