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(영문) 인천지방법원 부천지원 2019.05.16 2018고단833
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On January 22, 2015, the Defendant was sentenced to two months of imprisonment for fraud, etc. at the Incheon District Court, and ten months of imprisonment, etc., and completed the execution of each of the above punishment at a detention center on October 30, 2015.

【Criminal Facts】

The Defendant is an employee of the secondhand trading company, which is called “D” operated by the Victim C in Bupyeong-si, Busan.

1. On September 27, 2017, around September 27, 2017, the Defendant made a false statement to the effect that “The Defendant would purchase the Defendant’s vehicle of this New Zealand (E) from the Defendant’s office at the foregoing D office, which would deposit the purchase price in KRW 16 million.”

However, in fact, the defendant received the above money and lent it to F, which is a part of the money, and some of the defendant thought that he will use it individually, and there was no intention or ability to purchase the above vehicle.

Nevertheless, the Defendant, by deceiving the victim as above, received 16 million won as the purchase price from G company bank account from the victim, and received 16 million won as the purchase price for the vehicle from H bank account in the name of H used by the Defendant, and acquired 17 million won in total by remitting 1,000 won as the purchase commission for the vehicle to the account in the name of H bank account.

2. Around September 29, 2017, the Defendant stated that “Around September 29, 2017, the Defendant purchased a vehicle from JK7 vehicle at the same place as above, and that “A vehicle would be purchased from JK7 vehicle, so the Defendant would deposit KRW 7 million.”

However, in fact, the defendant received the above money and planned to lend money to F and take custody of K7 vehicles as security, and there was no intention or ability to purchase the said vehicles immediately.

Nevertheless, the Defendant, by deceiving the victim as above, acquired 7 million won as the purchase price of the vehicle from the I bank account in the H name used by the Defendant from the victim.

Summary of Evidence

1. Prosecutions and police suspect interrogation records of the accused;

1. Statement by the prosecution against C;

1. Each police officer with respect to C and F.

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