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(영문) 서울동부지방법원 2017.12.21 2016고단4408
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On April 15, 2012, the Defendant made a false statement to the said victim that “The said victim would be immediately required to prevent the payment of the card, and KRW 10 million loaned to him/her, and that he/she would be fully repaid,” at the D office operated by the victim B (53 tax) located in the Gangnam-gu Seoul Building C, Seoul.

However, at the time of fact, the Defendant did not have any particular property or income, while it was difficult for the Defendant to repay credit card bills from time to time due to the default of the paid-in gas station. Even if the Defendant paid the credit card bills from the injured party with the borrowed money, he did not have the intent or ability to repay the borrowed money on the agreed date even if he borrowed the borrowed money from the injured party who did not have any other way to repay the borrowed money by again receiving cash services after paying the credit card bills from the injured party.

As such, the Defendant, by deceiving the victim, was given KRW 10 million from the injured party.

B. On April 25, 2012, the Defendant would sell the first vehicle owned by the Defendant to the said victim B at the said D office.

The phrase “ makes a false statement.”

However, even if the Defendant received the purchase price from the injured party, the Defendant did not have the intent or ability to transfer the front vehicle in accordance with the agreement.

The Defendant, as such, by deceiving the victim, received 5 million won as down payment from the victim of the vehicle transaction, from the victim.

2. The Defendant against the victim E is entitled to a loan of KRW 30 million for a loan to the victim E (hereinafter “victim E”) at G gas stations located in F on April 2015, the date of which April 2015, for the purpose of a loan for the purchase of used cars from the girth to the girth of 1990,000 square meters.

Han, 19,90,000 won out of the loans to enable a loan to be made in the name of the party and to purchase a high-ranking vehicle, and the remaining money may be used in installments.

shall have the name of the party.

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