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(영문) 인천지방법원 2014.11.27 2014고단2283
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On February 15, 2011, the Defendant declared on February 15, 201, that “The Defendant would sell the owned ES5 and F Abbbd-E vehicles in return for the transfer of the proceeds from the sale of the vehicle to the victim who found the place where the vehicle was sold.”

However, in fact, even if the defendant received the above vehicle from the victim and sold it to a third party, he did not have the intent or ability to deliver the price to the victim, and was intended to consume it under the name of the defendant's personal obligation

Nevertheless, the Defendant received from the victim a false statement, and around that time, the Defendant acquired from the victim the above SM5 vehicle with the market value of KRW 13 million, and the AEXD vehicle with the market value of KRW 3.5 million, and acquired the pecuniary benefits equivalent to the same amount.

2. On February 20, 2011, the Defendant: (a) at the place of Paragraph 1 on February 20, 2011; (b) at the victim C’s location, the Defendant said that “I would repair Abdon XD vehicles and then sell it to Igre; and (c) would pay repair expenses separately from the sales proceeds if Igree repair of the said Aburn XD vehicles.”

However, the defendant did not have the intention or ability to pay the repair cost even if the victim has repaired the above Abdon XD vehicle.

Nevertheless, the Defendant made a false statement as above, and caused the victim to repair the Abdol X-D vehicle above the same day, such as Ebagbag, so that the repair cost is 80,000,000 won, but did not pay the price, thereby acquiring property benefits equivalent to the same amount.

3. On March 24, 2011, the Defendant stated that “The Defendant shall complete payment if he/she lends KRW 1 million to the Defendant, at the place of paragraph (1) on March 24, 2011, the victim provided that “it does not have any air fee to be returned to China by the birth and birth in China, without any air fee to be returned to Korea.”

However, even if the defendant borrows the flight fee from the victim, he will pay it to the victim.

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