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(영문) 대구지방법원 2020.09.10 2019고단5063
사기등
Text

A defendant shall be punished by imprisonment for four years.

The defendant pays 75 million won to D who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

around June 13, 2019, the Defendant stated that “The victim F will purchase rocketing car at the price discounted by five million won at the same price at the coffee shop in the Daegu Northern-dong, Daegu Northern-dong on June 13, 2019.”

However, even if the defendant received money from the victim, he did not have the intent or ability to purchase a rocketing car even if he received money from the victim because he thought that he would not return it, such as using it as the delivery price for another person who has already used it.

The Defendant, as such, by deceiving the victim, received 3,5760,000 won from the victim’s G bank H account in the name of the Defendant.

"2019 Highest 6609"

1. Fraud;

A. On January 23, 2018, the Defendant entered into a false contact with the victim JJ that operates the commercial used vehicle I through a mobile phone at a location near Daegu, Daegu, and concluded that “The Defendant would deliver a used vehicle if the purchase price would have been transferred first, while there is a used vehicle in the K SPC.”

However, in fact, even if the Defendant failed to secure K SP used cars and received money from the victim, it was thought that the Defendant had already used them as the purchase price of cars from others who used them, and thus, there was no intention or ability to sell the above used cars.

As above, the Defendant, by deceiving the victim, received KRW 6,80,000 from the victim to the G deposit account in the name of the Defendant on the same day, and received KRW 6,80,000 in total from July 29, 2016 to June 29, 2019 from 16 to 122 times as shown in the annexed crime list (1).

B. On March 21, 2019, the Defendant was engaged in the Defendant’s sales promotional business at the N Office of Victim M management in Daegu Northern-gu L around March 21, 2019. The Defendant was engaged in the Defendant’s sales promotional business.

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