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(영문) 대전지방법원 2017.01.25 2016고단1178
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 10, 2014, the Defendant was sentenced to four months of imprisonment for fraud, etc. by the Daejeon District Court, and completed the execution of the sentence in the Daejeon Prison on September 19, 2014.

Criminal facts

[2016 Highest 1178] On December 9, 2015, the Defendant made a false statement to the effect that “When sending KRW 6.3 million to the victim D ( South Korea, 33 years of age) who came to know of “C” on the Internet website, the Defendant would send the food hexan vehicle in 2011, and if sending KRW 12 million, the Defendant would send the food hexan vehicle in 2015.”

However, even if the defendant receives money in the name of the vehicle price, he did not have the intention or ability to send the vehicle to the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim on December 9, 2015, received a total of KRW 18.3 million from the victim, including KRW 6.3 million on December 9, 2015, and KRW 18.3 million on December 11, 2015, from the victim to the new cooperation account in the name of the Defendant.

[2016 Highest 2211] On August 16, 2015, the Defendant made a false statement to the effect that, by calls to the victim F ( South Korea, 36 years of age) who became aware of through the “E”, a direct transaction site for used vehicles, the Defendant sent the vehicle to a deposit if he/she first sends the vehicle with the vehicle, and if he/she was sent the vehicle, he/she will be exempted from the balance after checking the vehicle.”

However, in fact, the defendant received money from the injured party as the price for the vehicle and intended to use the Internet gambling fund, and send the vehicle to the injured party.

there was no intention or ability to act.

Nevertheless, on August 16, 2015, the Defendant, by deceiving the victim as such, received 8 million won as the vehicle price from the victim to the new bank account under the name of the Defendant on August 16, 2015.

Summary of Evidence

[2016 Highest 1178]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of bankbooks (2016 highest 2211);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A certificate of confirmation of the results of the transfer of funds (before judgment).

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