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(영문) 인천지방법원 2017.11.02 2017고단5538
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2017, the Defendant: (a) on March 7, 2017, the Seo-gu in Incheon, Seo-gu, Incheon, the Defendant: (b) decided to purchase a non-performing motor vehicle at the victim’s 158 (Gak-dong) office located in MM 124 F.124; (c) “C has to purchase a non-performing motor vehicle in 2013, and (d) lent KRW 26 million to the State, the Defendant would establish a collateral security right after transferring the said motor vehicle under the name of C.

“.......”

However, in fact, the above automobiles had no intention or ability to set up a collateral security to the victim company after the defendant had already decided to sell them to E and transferred in the name of C with the purchase price received.

As above, the Defendant deceivings the victim as above and received 26 million won in the name of the Defendant’s bank account in the name of the third party and the second party under the name of the victim.

The Defendant and the Victim E, “2017 Highest 5650, the Defendant and the Victim E, who were aware of each other in the middle and high speed G located in the Seo-gu Incheon Metropolitan City.

1. On December 20, 2016, at around 13:00 on December 20, 2016, the Defendant sent the victim with the car registration certificate using the Kakao Stockholm message in a photograph, and “The Defendant purchases this vehicle in KRW 1,400,000. The right to collateral security of KRW 4.920,00,000, established on this vehicle, will be extinguished within the right to collateral security.

“A false statement” was made.

However, even if the defendant received money from the injured party, he did not have the intention or ability to extinguish the above right to collateral security.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the corporate bank account under the name of the Defendant on the same day.

2. On December 21, 2016, the Defendant sent the victim’s pictures using the Kakao Stockholm message to the victim at a non-place on December 21, 2016, the Defendant would sell the vehicle “30 million won on the face of the week.”

‘Falsely speaking' was made.

However, even if the defendant receives money from the injured party, the above vehicle shall be paid to the injured party.

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