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(영문) 서울동부지방법원 2017.07.13 2016고단4033
사기등
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant of "2016 Highest 4033" means that the victim C will buy a "highest K7 car" in the Seo-gu Seoul Special Metropolitan City D Complex on October 2015.

A false statement was made to the effect that the auction cost and the purchase price will be transferred to a bid for a passenger car at the face of the week.

However, at the time of fact, the Defendant, as a person with bad credit standing, did not have any property in his name or any certain income, and did not receive money from the injured party due to his own failure to perform his obligation, but did not intend to use the said vehicle for living expenses and debt repayment, and did not intend to use the said vehicle for the purpose of purchasing the said vehicle. The Defendant did not have any intention or ability to transfer the said vehicle normally to the injured party on the ground that he did not use all the money received from the injured party for personal purposes, such as living expenses, and

As such, the Defendant, by deceiving the victim, received KRW 1 million from the damaged party to the account under the name of Korea bank on October 7, 2015, and received KRW 36 million from the time to January 7, 2016, by remitting KRW 3,6050,00 in total by the same method eight times, as shown in the list of crimes in attached Form 1 (1) from that time.

"2016 Highest 4209"

1. On May 28, 2015, the Defendant stated that “The Defendant would lend the victim the amount of KRW 10 million in the shortage of business operating expenses to the victim G in Gwangju to the victim G, one month after the loan,” in the clothing store operated by the victim G in Gwangju F.

However, at the time of fact, the Defendant did not have any intent or ability to make a change in the name of the Defendant as a person with bad credit, even if he/she borrowed money from the injured party due to his/her own fault, such as having no property or income in his/her name, and having a debt of at least 60

As such, the Defendant, by deceiving the victim, received 10 million won from the victim to the new bank account (H) in the name of the Defendant on the same day from the victim, and from that time.

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