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(영문) 인천지방법원 2018.03.08 2017고단8791
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 50,000,000 won to the applicant through fraud.

Reasons

Punishment of the crime

around September 2, 2017, the Defendant of “2017 Highest 8791, the Defendant,” in the D High Highest Trading Complex located in Seo-gu Incheon, Seo-gu, Incheon, would purchase and sell the used vehicle and return the principal and profits from the purchase of the used vehicle to September 5, 2017.

The phrase “ makes a false statement.”

However, the defendant did not intend to purchase a heavy difference with the money received from the injured party, and there was no intention or ability to return the proceeds and the principal until September 5, 2017, since he was under trial due to the fraud of investment funds against other victims.

On September 2, 2017, the Defendant received KRW 20 million in total from the damaged party E’s account (F) around September 2, 2017, and KRW 30 million in total from the same account around September 4, 2017.

Accordingly, the defendant was given property by deceiving the victim.

The Defendant, under the trade name of “G,” was a person operating a used vehicle trading company. On July 2017, the Defendant: (a) was requested by the victim H who purchased K5 automobiles from the Defendant around July 2017 to replace the said vehicle with another vehicle; and (b) was asked by the victim H to request the replacement of the said vehicle for the reason of the defect of the said vehicle; and (c) was willing to receive money as a remittance for the purpose of cost.

On July 30, 2017, the Defendant used a mobile phone to purchase the victim's cell phone at low price at the end of the year 2014, “I wish to purchase the victim's cell phone at low price at the end of the year 2014, 30,000 km.”

I K5 of the existing sale was false to the effect that “The difference between the difference and the down payment shall be KRW 4 million,” and that “The transfer of the down payment shall be 8 million.”

However, in fact, the defendant thought that he would use the above remittance as gambling fund, and did not have any intention or ability to purchase the substitute vehicle such as the victim's low investment.

Nevertheless, the defendant deceivings the defendant as above and his deceivings from the victim on July 30, 2017.

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