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(영문) 부산지방법원 2013.08.29 2013고단4197
사기등
Text

A defendant shall be punished by imprisonment for six 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 January 25, 2011, the defendant was sentenced to a suspended sentence of imprisonment for four months at the Busan District Court for fraud, and on June 10, 2011, the judgment became final and conclusive.

1. Fraud;

A. On February 18, 2011, the Defendant committed the crime against the victim C, stating that “A victim C has a 2009-type D-type D-type D-type D-type D-type 100,000 won for sending the said vehicle through a consignment officer.”

However, in the event that the defendant was unable to pay the vehicle for the above cargo vehicle, he was willing to use the vehicle price that the victim received from the victim for the repayment of the defendant's obligation, so even if he received the vehicle price from the victim, he did not have

Around February 25, 2011, the Defendant, by deceiving the victim as such, received 9.5 million won from the victim to the new bank account in the name of the Defendant’s wife E in the name of the Defendant’s wife.

B. On March 7, 2011, the Defendant made a false statement to the effect that “A vehicle is sold in G SM520”, which the victim F posted in the rice Luxembourg market, is “A vehicle of the victim who is advertised in the rice Luxembourg market as a public official,” and that “A vehicle of the victim who is advertised in the rice Luxembourg market, which is operated by the victim in the Busan Northern-gu, Busan, is necessary for the victim to be sold in the rice Luxembourg market.” On delivery of the vehicle, the Defendant made a false statement to the victim to the effect that “A vehicle is sold in the 16.5 million won to the son.”

However, even if the car is sold, there was no intention or ability to pay the price to the victim.

The Defendant, by deceiving the victim as such, received from the victim the delivery of the said car to the extent of 17 million won at the market price, which is owned by the victim immediately.

2. Around March 16, 2011, the Defendant, at the time of the victim K located in the Busan Northern-guJ, shall repair the MUP car equivalent to 16.9 million won at the market price owned by the victim in his/her name from the victim in his/her own name.

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