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The defendant's crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of fraud in the 2018 high order 796 case.
Reasons
Punishment of the crime
『2018 고단 517』 피고인은 2016. 10. 중순경 남녀 간 만남을 주선하는 휴대폰 어 플 리 케이 션을 통해 피해자 C을 만난 후 피해자에게 피고 인의 인적 사항을 ‘D. 생 E’ 이라고 속이고 2017. 7. 경까지 부천시 F 오피스텔 ＊＊＊ 호 피해자의 집에서 동거하였다.
1. On October 28, 2016, the Defendant’s fraud related to the purchase of a vehicle for the vehicle is a used vehicle trading office in which the trade name located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul is unknown; “A vehicle is purchased under the name of the vehicle in need of the vehicle, and the vehicle was purchased within the inside, so it is difficult for the Defendant to open the vehicle from the military unit on and after several months, so it is difficult for him/her to do so.
Han, once it concluded that the purchase of the BMW in the name of NAW would pay the purchase price in full and transfer the name of the vehicle after several months.
However, as above, the Defendant did not have any intention or ability to pay the above vehicle or transfer the name of the vehicle because it was impossible for the Defendant to settle the existing obligation of KRW 50,000,000, not only in the name of the Defendant but also in the absence of an intention or ability to transfer the vehicle.
The Defendant, by deceiving the victim as such, had the victim purchase a medium and medium-sized passenger car, had the victim enter into an installment loan contract with 40,729,000 won for the vehicle, and did not pay the installment payment even after receiving the above vehicle from the victim around that time.
As a result, the defendant, by deceiving the victim, had the victim pay installment payments, has acquired property profits equivalent to KRW 40,729,000, which is the vehicle payment.
2. Around November 1, 2016, the borrower made a false statement with the victim’s “Any money that is paid at least KRW 100 million to the beneficiary, and any money that is paid to the beneficiary, such as the purchase of the card, shall be paid with the money.”
(b).