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(영문) 수원지방법원 안산지원 2020.02.13 2019고단532

사기등

Text

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

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the middle-class sales business with the trade name "D" in the Dong-gu Seoul Metropolitan City B building C.

1. Around September 9, 1996, the criminal defendant against the victim E made a telephone to the victim E and made a false statement to the effect that "if a contract is not sufficient to make a down payment and a down payment is urgently needed, the defendant would sell the said vehicle to Gwangju and immediately repay the said vehicle if he/she lends the money to the victim E. by means of a short of the down payment. At the latest, the defendant would make payment by November 20, 1999."

However, the defendant did not have any intent or ability to repay the debt, even if he borrowed money from the victim, because the management status of D was deteriorated at the time and the debt was in a very difficult situation such as 100 million won.

The Defendant received KRW 15 million from the victim to the account in the name of the Defendant on the same day.

2. Around April 28, 1997, the Defendant made a false statement to the effect that “The Defendant would deliver 1 mixed fish code vehicle to the victim F when paying 33.6 million won to the victim F in the H office located in Gwangju Mine-gu G.”

However, due to the aggravation of management status of D at the time, the Defendant did not have the intent or ability to transfer to the victim by purchasing mixed-use code vehicles as agreed upon even if the Defendant received the purchase price from the victim.

The Defendant received KRW 3 million in cash from the victim as the down payment on the same day, and received KRW 15 million in face value as the intermediate payment around May 10, 1997, and received KRW 15 million in cash as the intermediate payment around May 30, 1997, and received KRW 33.6 million in total under the pretext of cash payment around May 30, 1997.

3. On May 28, 1997, the criminal defendant against the victim I makes a false statement to the victim I that the victim I would purchase Closlur Mesur Mesur Mesur Mesur Mesur Mesur Mesur Mesur Mesur Mesur Mesur Mesur Mesurs