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(영문) 대구지방법원 서부지원 2019.07.17 2019고단944
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 2017, the Defendant: (a) received the request from the victim B, who was aware of it as a used vehicle with a used vehicle with the knowledge of Pyeongtaek-si around November 2017, from the victim B, to purchase a car of 2017 No. NAS G803.3, and (b) made a false statement from the C office located in Daegu-gu on January 8, 2018 to the victim by telephone; and (c) the victim was awarded a bid for a vehicle with the distance of 24,000 km from the name of Gyeonggi-do 2017 No. NAS G803, March 3, 2000 by auction. If the down payment is not made by 2 p.m., the Defendant made a false statement to the effect that it goes beyond the other person and immediately transfers it to the other person.”

However, the defendant did not have been awarded a bid for the NAS car, and it was thought that he will use his debt with money from the victim.

On January 8, 2018, the Defendant, by deceiving the victim as such, obtained KRW 7,00,000 as down payment from the victim’s new cooperation account under the name of the Defendant, and acquired KRW 11,372,80 in the name of the remainder of the vehicle around the 16th of the same month, and KRW 15,00,000 in the name of the remainder of the vehicle around the 17th of the same month, and KRW 2,40,000 in the name of the vehicle as the vehicle moving expense around the 22th of the same month, and acquired KRW 35,772,80 in total.

"2019No. 1363" was requested by the defendant from the customers who purchased the heavy vehicle while working as a used vehicle for sale and purchase, and around April 1, 2017, the defendant requested the repair of GMW745 car electric gate cancer, etc. at the Fdong Store Maintenance Center operated by the victim E in Daegu Northern-gu, Seoul, and requested HW745 car repair at the above Maintenance Center on April 15, 2017, and requested the repair of the IF car at the above Maintenance Center on May 1, 2017, and said that the payment would be made upon completion of repair of each car.

However, even if the victim completes repair, the defendant did not have the intention or ability to pay the repair cost.

The defendant deceivings the victim as such and causes the victim to do so.

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