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(영문) 인천지방법원 2016.01.28 2015고단8367
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Basic Facts] On March 13, 2013, while the Defendant was working at “C” by a private person for the secondhand car sales, he was aware of the fact that D was causing damage to the victim, such as purchasing the Flus vehicle in the name of the victim E, paying the insurance premium at once, imposing an administrative fine in violation of traffic laws and regulations, and thus, he was able to receive money under the pretext of resolving the above problem from the victim.

[Criminal facts]

1. On March 15, 2013, the Defendant committed a crime (Fraud) around March 15, 2013, in the “I point” located near H located in Yeongdeungpo-gu Seoul Metropolitan Government G around March 15, 2013, the Victim “I point” will transfer the vehicle operating D from the victim’s name to D.

A false statement was made that the cost required to grasp D’s location was “necessary.”

However, even if the defendant received the above money from the injured party, he did not know the location of D, or did not have the intent or ability to transfer the above vehicle under the name of D, and was thought to use it for his own cost of living and illegal gambling on the Internet.

The Defendant, as above, was delivered KRW 7,515,700 in total over 16 times from the time when he received KRW 20,700 from the injured party on May 27, 2013, from the time of deposit of KRW 20,700 from the injured party, until July 9, 2013.

2. On July 2013, the Defendant received money easily from the injured party, such as the statement in paragraph 1, with a view to receiving additional money by misrepresenting an attorney-at-law.

On July 2013, the Defendant: (a) misrepresented the “Attorney J”, a false person, by leaving a phone at an insular location; and (b) falsely told the Defendant that “I would help the Defendant, who is an attorney at home, to assist in the financial situation difficult due to D; and (c) the cost of filing an application for individual rehabilitation.”

However, the defendant did not have the intention or ability to proceed with the individual rehabilitation, and only received money as stated in Paragraph 1.

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