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(영문) 수원지방법원 2013.04.10 2012고단1198

사기

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant is an applicant for compensation of KRW 26,500,00, and the application for compensation to C, who is an applicant for compensation.

Reasons

Punishment of the crime

[2012 Highest 1198] On September 9, 2011, the Defendant called “the Victim D to purchase a 2003 Dulur car and KRW 1100,000,000,00,000,000, which is held by the Victim, from the victim’s location.”

However, even if the defendant receives money from the victim, he did not have any intention or ability to purchase the victim benz S 350 BLE.

As above, the Defendant, by deceiving the victim as above, received a total of KRW 100 million from the victim, including KRW 60 million on the same day and KRW 40 million on September 29, 201, from the victim to the Defendant’s national bank account.

[2012 Highest 3440] The Defendant, a middle and high-ranking vehicle broker, operated as a personal automobile with a motor vehicle with a maturity after the withdrawal of Hyundai Motor Company on May 2009. However, since the automobile brokerage was not smooth and became insufficient from around 2009 due to the lack of business funds, the Defendant was under a plan to conduct the automobile brokerage business for the middle and high-class vehicle by purchasing several different vehicles from others, which were received from others, as the investment money for the sale of motor vehicles or the purchase money for new and old-type motor vehicles, and thus, there was no intention or ability to pay the principal and profits or purchase new and old-type motor vehicles even after receiving the investment money or the purchase money for the motor vehicle.

1. On January 4, 2010, the Defendant made a false statement to the effect that “The Defendant, by calls from the Victim F to the Victim F, was able to impose 15 million won or more within 15 days if he/she had left a motor vehicle at this time, and KRW 7 million among them, he/she would give her KRW 52 million or more.”

However, the Defendant did not have any intent or ability to purchase a motor vehicle because he had not been a motor vehicle at the time. As above, the Defendant received money from the victim and purchased another motor vehicle.