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(영문) 수원지방법원 2018.08.30 2018고단101
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is the owner of BMW 520d vehicle.

On March 27, 2017, the Defendant stated that “A victim C who intends to give a long-term siren vehicle in the foregoing BMW vehicle at the time of conversion into the market for a long-term period of time” refers to the victim C who wishes to give a minimum of three months to a maximum of one year.

However, the Defendant was in need of the Internet gambling funds and debt repayment funds without any particular revenue at the time, and the said BMW vehicle had been conducting auction procedures for one month prior to the progress of the auction, so even if receiving money from the victim, the Defendant had no intention or ability to allow the use of the vehicle for at least three months and return the deposit.

Nevertheless, the Defendant continued to make a false statement to the victim and to keep 12,500,000 won under the name of the Defendant from the victim to the D account under the name of the Defendant.

3. The same year, 700,000 won under the pretext of insurance premiums, as if he/she paid insurance premiums for a vehicle which has been completed on 29.

4.3. As if the public document promising to return money was prepared, the sum of KRW 918,90 was received from each of the 14,118,90 won, and acquired 14,90 won.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The defendant and his/her defense counsel asserts that there was no deception of the victim, such as notifying him/her of the establishment of a right to collateral security on the vehicle in relation to the vehicle deposit amounting to KRW 12,50,000, in terms of the details of the transactions of entry and withdrawal, letter, money borrowing instrument, note, vehicle registration ledger;

According to each of the above evidence, the victim C's statement about the defendant's deception is very specific and consistent, and thereafter, it appears that the credibility of the statement is high since it is natural to explain the preparation process, such as each of the above documents and the money borrowed certificates, etc., and it appears that the defendant knew or could have sufficiently known that the payment of the above vehicle was impossible for the normal operation of the vehicle due to the unpaid payment of the vehicle (a statement

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