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(영문) 서울중앙지방법원 2014.01.16 2013고단6062
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from October 201 to May 31, 201, entered into an agreement with the victim to only operate the said business on or around May 31, 2012 with the victim D, and the victim settled down an agreement to settle the amount of KRW 110 million to the Defendant. However, until November 30, 2012, the victim was unable to pay the full amount of the said money. The Defendant was provided with the FNAS-si car with the victim’s market price of KRW 20 million and GS5 car with KRW 20 million with the market price of KRW 20 million with the same day and returned the said vehicle to the victim until December 14, 2012, and if the victim was paid KRW 10 million with the victim by December 17, 2012, the Defendant agreed to jointly transfer the deposit money and the victim’s possession with the victim.

On December 12, 2012, the Defendant stated that “I would dispose of the said vehicles unless I transfer the unpaid amount of KRW 32 million until December 14, 12, 2012,” to the victim at a place where the location is unknown.”

However, on November 30, 2012, the Defendant had already obtained a loan of KRW 20 million to H by taking the said No. NAS No. 1 and SM5 car as security. Even if he/she received a transfer of KRW 32 million from the victim, he/she thought that the Defendant would acquire the said money, so that he/she did not intend to repay the said money to H with the said money and recover the said vehicle and return it to the victim.

around December 12, 2012, the Defendant received KRW 10 million from the victim to the SC Japan bank account under the name of the Defendant, and received transfer of KRW 10 million and KRW 2 million as interest on the debt around December 13, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of statement to D or I by the police;

1. Application of the Police Investigation Report Act

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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