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(영문) 전주지방법원 2017.06.21 2016고정972
사기
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On October 6, 2016, the Defendant was sentenced to a suspended sentence of one year and two years of imprisonment for fraud at the Jeonju District Court on the 14th of the same month and the judgment became final and conclusive on the 14th of the same month.

[2] Criminal facts: (a) the Defendant purchased a used string vehicle (food C in 2008) under the name of the Defendant’s attached around around 2013 by means of modern capital capital loan under the name of the Defendant’s attached around 2013; and (b) provided it as security to the “D pawnpo” and borrowed KRW 7 million.

On the other hand, on November 2013, the Defendant received the order for payment of the set deposit to the victim E in the vicinity of the Seocho-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant could pay money within one week since it received the order for payment of the set deposit to the victim E in relation to the set deposit. As such, the Defendant would have found a vehicle entrusted to the pawnpo, so he would have the victim make a false statement by borrowing KRW 7 million in the Seoul Special Metropolitan City, and the Defendant would have the pawnpoe pay KRW 7 million to the Seoul Special Metropolitan City on June 2014.

However, even if the defendant found the above vehicle in arrears with the principle of installment, the defendant did not have any intention or ability to pay it.

As above, the Defendant acquired the pecuniary benefits equivalent to the same amount by deceiving the victim and making the victim recover a vehicle without any value as security, and by having the pawnbroker pay KRW 7 million to the pawnbroker, thereby releasing the liability to the pawnbroker.

[2017 High 203]

1. On April 16, 201, the Defendant is required to post a telephone from the victim F to the victim F at the street from the street.

A false statement was made that “A TV purchase shall be repaid immediately if the payment is made.”

However, there was no ability or intention to pay the amount even if the injured party has caused the settlement instead of the injured party.

The defendant deceivings the victim as above and let the victim purchase the television amount of KRW 717,560.

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