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(영문) 수원지방법원 안산지원 2019.06.05 2018고단4661
사기
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A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

【Criminal Power】 On December 21, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon District Court, which became final and conclusive on January 7, 2019.

【Criminal Facts of Crimes” (A) around October 24, 2017, the Defendant concluded that, in E operated by the victim D, who is located in the right line B building C in Suwon-gu, Suwon-si, the Defendant would pay the victim KRW 38,000,000,000 in total, for each of KRW 19,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

However, in fact, the above medium and medium-sized passenger cars (G) and the second and medium-sized passenger cars (H) decided to purchase KRW 19 million from F, which is the moving workplace, respectively, before about two years. Since the market price of each vehicle falls considerably below KRW 19 million on October 2017 due to the sudden decline in the market price and the occurrence of repair costs, etc., the sales price of each of the above vehicles was in a situation in which the victim is unable to repay KRW 38 million to the victim. At that time, the Defendant did not have any special income even if he borrowed KRW 38 million in total from the victim as the price of the vehicle.

Nevertheless, on October 25, 2017, the Defendant deceptioned the victim as above, and then acquired the victim by remitting the sum of KRW 38 million to the account of community credit cooperatives in the name of the Defendant on two occasions on October 25, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. A motor vehicle transfer certificate, and a statement of account transactions of community credit cooperatives;

1. Before the judgment: The information summary inquiry of the case, the judgment (the defendant and his defense counsel shall pay I the amount of KRW 38 million to I, and the defendant shall pay the amount of KRW 38,000,000 to I, and it shall be used for the automobile(G) and the automobile(H.)

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