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(영문) 인천지방법원 2015.07.23 2014고단3633
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. Fraud;

A. On June 26, 2013, at the Gyeyang Police Station parking lot in Gyeyang-gu Incheon Gyeyang-gu, Incheon, the Defendant made a false statement to the victim D that “W 520D car owned by the victim by the department due to a traffic accident shall be repaired within the limit of 45 days from the car center in the face of the week to 12 million won for repair expenses.”

However, at the time, the defendant did not accurately confirm the repair cost to the president, etc. of the KO Center that the defendant works for the defendant, and even if he received the above money, he was willing to consume it with his credit card payment, so he did not have an intention or ability to accept it normally within the time limit which

The Defendant, by deceiving the victim as such, received KRW 12 million from the victim to the Agricultural Cooperative Account under the name of the Defendant.

Accordingly, the defendant was given property to the victim by deceiving the victim.

B. On October 1, 2013, the Defendant made a false statement to the effect that “The Defendant would exchange a new lane by dealing with insurance, and 2.90,000 won under the name of the consignment cost and the tubes,” which was urged by the victim D to delayed repair of the car for which repair was requested, such as that the repair was made by the victim D.”

However, even if the defendant received money from the victim at that time, he thought that he will use it for his personal purpose, and he did not have an intention or ability to exchange a new vehicle entrusted for repair.

The defendant was paid 2,690,000 won by the victim under the pretext of consignment, etc.

Accordingly, the defendant was given property to the victim by deceiving the victim.

2. The Defendant, like paragraph 1(a) around June 26, 2013, is in Seoul E around November 2013 while being entrusted with repair for BMW 520D automobiles owned by the victim D and kept them for the victim.

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