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대전지방법원 2019.07.18 2019고단1728
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On August 21, 2017, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for the crime of indecent act by force at the Daejeon District Court on August 21, 2017, and the judgment became final and conclusive on August 29, 2017.

【Criminal Facts】

The Defendant, who was aware of the fact, sold a vehicle to the victim B in the name of the Defendant, received the purchase price by stating that the Defendant sold a vehicle in the name of the Defendant, and attempted to receive the purchase price by receiving the vehicle from the victim by making a security loan on the vehicle and paying interest thereon.

On June 14, 2017, the Defendant made a false statement to the victim E office working for the victim B in Daejeon-gu, Daejeon-gu, that “I want to sell C AB test vehicles” to the victim. On the other hand, I would first deliver the vehicle to the victim if I want to sell the vehicle. On the other hand, I would like to buy the vehicle once again because I would not purchase it, and if I would like to find the vehicle again if I would wait for a day.”

Then, around June 22, 2017, the Defendant made a false statement to the victim at the above victim's office that "the vehicle needs to be maintained, and if the vehicle is transferred in the name of women-friendly Gu F, and the vehicle is returned, the savings bank will receive the security loan from the vehicle and pay the money including the cost and interest."

However, in fact, the defendant thought that he received the purchase money from the victim and used it as gambling funds and living expenses, etc., and there was no intention or ability to pay 7 million won to the victim.

Accordingly, the Defendant, as seen above, by deceiving the victim, received 7 million won from the victim as the purchase price for the vehicle from the victim on June 14, 2017, and acquired the money from the victim to the account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Automobile registration certificates, receipts, such as automobile transfer registration fees, acquisition tax, etc., certificates of automobile insurance, copies of automobile driving licenses, borrowed certificates, certificates of automobile registration information, and certificates of personal seal impression;