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(영문) 창원지방법원 2015.05.15 2015고단240
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2014, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Changwon District Court, which became final and conclusive on December 24, 2014.

1. On December 11, 2012, the Defendant sent a telephone to the victim E at the D office located in Kimhae-si, Kim Jong-si, and made a false statement stating, “The Defendant would take over a vehicle if the vehicle cost is 16.5 million won and the vehicle price is 16.5 million won and the vehicle price is 10 million won as the down payment.”

However, even if the vehicle is paid, there was no intention or ability to take over the vehicle to the victim, in mind that it is used for the personal purpose.

The defendant received 10 million won from the victim to the post office account (F) in the name of the defendant from the victim and acquired it by fraud.

2. On March 23, 2013, the Defendant, at the same place as before, and at the same time, made a false statement that “The amount of the passenger car in 2008 would be KRW 6.1 million, while the amount of KRW 6.1 million would soon be taken over at the face of the victim.”

However, even if the vehicle is paid, there was no intention or ability to take over the vehicle to the victim, in mind that it is used for the personal purpose.

The defendant received 6.1 million won from the victim to the above post office account in the name of the defendant from the victim and acquired it by fraud.

3. On April 2, 2013, at around 14:00, the Defendant made a false statement to the victim H that “I will have a president or a frighting vehicle left, and the borrower will have a 6 million won face to sell and purchase the vehicle.” On the other hand, since there is a KRW 2.5 million inside, the Defendant would have a 3.5 million transfer to a 3.5 million won and take over the vehicle.”

However, even if the vehicle is paid, there was no intention or ability to take over the vehicle to the victim in mind of being used for the personal purpose.

The defendant receives 3.5 million won from the victim to the above post office account under the name of the defendant at around 19:18 on the same day.

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