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(영문) 인천지방법원 2014.11.19 2013고단7030
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall pay 25,00,000 won to the applicant for compensation by deceit.

(e).

Reasons

Punishment of the crime

"2013 Highest 7030"

1. The Defendant against the victim C is a person who served as the “D Motor Vehicle Sales Company”.

On May 15, 2013, at the above trading office in Seo-gu Incheon, the Defendant drafted an agreement with the victim C to the effect that “F Sexton vehicle is sold in KRW 25 million.”

However, even if the defendant receives money from the victim, he only planned to use the vehicle for the repayment of the existing obligation and did not have the intention or ability to sell the vehicle normally.

Nevertheless, the Defendant agreed as above and received KRW 25 million from the victim to the corporate bank account in the name of the Defendant.

The defendant is a person who works as a used motor vehicle intermediary for the defendant of "2013 Highest 7370".

2. On April 6, 2013, the Defendant against the victim G stated that “H” office operated by the victim G in Ansan-si, Ansan-si, the Defendant would sell a food car owned by the President and a halog car to the victim. In order to repay a loan on a car, the amount of the vehicle sale is insufficient, and the amount of nine million won is required to be added, and the loan will be repaid in full at the time of selling a car on a week.”

However, even if the defendant receives KRW 9 million from the victim, he was planned to use it as the defendant's personal debt and did not have the intent or ability to repay the victim's vehicle installment loan.

As such, the defendant deceivings the victim as such, and the "the same day" stated in the indictment on April 9, 2013 from the victim seems to be a clerical error.

9 million won was delivered.

3. On April 24, 2013, the Defendant: (a) called the victim I who is his father of the said G at a non-permanent place on April 24, 2013; and (b) called the victim I by phone to the victim I who is his father of the said G; and (c) “There is a high-speed passenger car with good market conditions”; and

If the vehicle is sent to 2 million won, it shall be a set of objects.

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