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(영문) 서울남부지방법원 2013.09.17 2013고단2503
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 48.5 million won to the applicant for compensation by fraud.

(e).

Reasons

Punishment of the crime

On March 21, 2006, the Defendant made a false statement to the effect that “The victim B, who was working as a used vehicle with the Defendant in the said trading company, shall purchase two high-class automobiles within 15 days per week, and sell them to others, and then pay the principal and proceeds.”

However, since the defendant used the above money to repay debts such as bonds and the plan to flee to the Philippines was established, the defendant did not have the intent or ability to purchase the vehicle or to reduce the profit even if he received the above money from the victim.

The Defendant, by deceiving the victim as such, received KRW 7.2 million on the same day as the purchase price for vehicles from the victim, KRW 1.8 million on the 23th of the same month, KRW 5 million on the 25th of the same month, and KRW 48.5 million on the 27th of the same month, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Orders;

1. In light of the reasoning of sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution, a sentence shall be determined as ordered in light of the fact that, immediately after the instant crime was committed, there was no effort to recover from damage, and the damage has not been completely recovered

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