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(영문) 광주지방법원 2018.07.05 2017고단5594
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On November 19, 2016, the Defendant committed the crime of November 19, 2016, stated that “Around November 19, 2016, the Defendant would sell a vehicle for SM5 passenger cars (E) in Jeju Mine-gu with money to pay the card price to the victim in advance.”

However, in fact, the above SM5 car is in the name of the mother and the mother and the joint name of the defendant, so there was no selling with the mind of the defendant, and even if the sM5 car is sold, there was no intention or ability to pay the victim's money due to many provisional seizures, mortgage creations,

Accordingly, the Defendant, by deceiving the victim as above, was transferred KRW 7 million to the Agricultural Cooperative Account (G) in the name of the Defendant’s wife around the 21st of the same month from the victim.

2. The Defendant committed the crime of April 18, 2017, around April 18, 2017, sold the SS5 vehicle to the victim and intended to repay the money among them in the above D, which is not a vehicle within the meaning of the vehicle, but a vehicle under the name of his body or joint with his body, and the establishment of a provisional attachment on the vehicle is not allowed to sell the vehicle, and if the she lends 6 million won to her, she would be allowed to unsat down the provisional attachment with her money and to repay her money in a lump sum.

“A false statement” was made.

However, for the reasons as seen above, the provisional seizure was not possible to sell the vehicle with 6 million won, and even if the vehicle was sold, there was no intention or ability to repay the money of the victim.

Accordingly, the Defendant, by deceiving the victim as above, was transferred KRW 6 million to the Agricultural Cooperative Account (G) in the name of the Defendant’s wife around the 20th of the same month from the victim.

3. On June 25, 2017, the Defendant, on June 25, 2017, lent KRW 2.5 million to the victim “If he/she must pay the card price to him/her immediately, he/she will receive the studio security deposit that he/she lives in by the end of this month.”

“.......”

However, it is true.

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