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(영문) 인천지방법원 2015.04.09 2014고단9341
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is C's employee who is a used car trading company operated by the victim B in Bupyeong-si.

On June 7, 2013, the Defendant stated in the above C that “The Defendant would pay part of the sales profit when he transfers the money to the victim, and shall pay the principal.”

However, even if the defendant received money from the victim as the fund for the purchase of the used vehicle, he did not have the intention or ability to purchase the used vehicle, and there was no intention or ability to pay the money to the victim.

Nevertheless, the defendant made such a false statement, and the victim's 22 million won on the same day, and the same month.

8. 16.8 million won, the same month;

9. Upon receipt of the total of KRW 17 million and KRW 18.6 million on the 10.18.6 million on the same month, the amount of KRW 74.4 million on the 10.4 million on the 19.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes on details of transfers;

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

1. The reason for the sentencing of selective sentence of imprisonment [the scope of recommending punishment] General Fraud (less than KRW 100,00) and the basic area (not more than six months to one year and six months) [the decision of sentencing] [the defendant does not make any effort to repay the money in cash to the victim despite the name of KRW 74,440,00,00 which is obtained by the victim. Although the father of the defendant paid KRW 5 million to the victim in cash, the defendant set up a right to collateral security in real estate in the name of the father of the defendant as to KRW 48,00,000.

Even if not only did the debt have not been paid up until now but also the above collateral security is merely a third priority, and it seems that the victim was not able to receive it in the auction procedure, a sentence shall be imposed against the defendant.

, however, with respect to some amounts.

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