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(영문) 대구지방법원안동지원 2020.08.19 2020고단259

사기

Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

[Defendant B] The defendant shall be punished by a fine of KRW 3,00,000.

Reasons

Punishment of the crime

[Criminal Justice] On January 13, 2017, Defendant A was sentenced to imprisonment of one year and six months for fraud, etc. in the Daegu District Court’s Ansan Branch on January 13, 2017, and was released on January 22, 2017 and the parole period expired on January 26, 2018.

【Criminal Facts】

1. Defendant A and Defendant B did not think that they would purchase the actual vehicle to the victim C and share the profits therefrom to the victim, but did not think that they would take part in the profit therefrom, they had the victim acquire the money by deceiving the victim, and asked the victim B, who is the son, to misrepresent the victim E in order to believe the Defendant’s horses, and Defendant B accepted the Defendant’s proposal even though they were not D employees.

On August 1, 2019, the Defendant issued Defendant B’s contact address to the Defendant at the (ju)G office located in F at the permanent residence of August 1, 2019, that “If you purchase a temporary number plate in D and transfer it to the importer, I would like to purchase the vehicle with KRW 4 million. If you lend KRW 12.8 million to the importer, I would like to sell the vehicle and sell it, 50% of the profit.” On the other hand, I would like to directly contact with D employee E, and issued Defendant B’s contact address to the Defendant, and the victim who was given contact with the Defendant from the Defendant, “I would like to purchase the vehicle from D with the president, and you would like to sell the vehicle on the condition that I would want to use the vehicle even if you want to use it.”

However, in fact, Defendant B was not a D employee, and Defendant A was thought to use the money received from the victim for personal debt repayment and gambling, and there was no intention or ability to use the money as a purchase price for a vehicle even if the money was received from the victim.