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(영문) 부산지방법원 2020.01.09 2019고단325
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a used car sales business employee, and is a relationship between the victim B and the university.

1. On February 12, 2018, the Defendant, who committed a crime on February 12, 2018, made a false statement to the victim, stating, “Accomparing with a business employee is not necessary. A vehicle already in a past may receive a value that must be disposed of before the snow, because it was disposed of at least KRW 12.5 million in the inside of the previous vehicle.”

However, in fact, the defendant did not have any special property at the time, and since the debt amount of the financial institution was more than 100 million won, the defendant thought that the vehicle price was not paid to the victim even if the vehicle

On February 12, 2018, the Defendant: (a) by deceiving the victim; (b) received from the victim, a rocketing car owned by the victim of the amount equivalent to KRW 12,500,000 at the market price at the third-class parking lot of D apartment E-dong, Busan.

2. On February 14, 2018, the Defendant called the victim’s phone at a place not lower than 16:40 on February 14, 2018, and made a false statement to the effect that “on the part of the victim, the Defendant shall transfer the ownership of the vehicle for the sale of the marina vehicles, due to the right to collateral security established on the vehicle. If the customer loans only KRW 10 million to the customer at the time of guidance, he/she shall transfer the ownership, and on the 19th day of the following week, he/she will pay the money on the 19th day of the following week.”

However, in fact, the Defendant did not have any special property at the time, and the Defendant did not have any intent or ability to repay money within the time limit as agreed, even if he borrowed money from the victim because the obligation of the financial institution was more than

As such, the Defendant deceivings the victim as such, and deceivings him from the victim on the same day, to the F Bank account (Account Number: G) in the name of the Defendant on the same day.

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