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(영문) 인천지방법원 2017.12.14 2017고단7112
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant of "2017 Highest 7112" from AB located in Seo-gu Incheon, Seo-gu, Incheon on June 18, 2013 to the victim X "The purchase fund is borrowed and the purchased vehicle will be repaid immediately if it is sold.

“The phrase “ was false.”

However, since the defendant thought that he will use the money to pay his personal debt from the victim, even if he borrowed money from the victim, he did not have the intention or ability to purchase the used vehicle or to pay the borrowed money with the purchase and sale price of the used vehicle.

Nevertheless, the defendant deceiving the victim as above and received KRW 11 million from AC bank account (AD) in the name of the defendant's wife from the victim, namely, from May 24, 2013 to June 25, 2013, the defendant stated that the defendant received KRW 10 million in total from May 24, 2013 to June 25, 2013 in the attached crime list (Provided, That the "60, Jun. 20, 2013" of No. 5 as the date of No. 5 (20, Jun. 18, 2013) in the above manner as stated in the attached list of crimes (i.e., the "F., June 18, 2013"), 8 times in total, the defendant received KRW 7.6 million in the name of purchasing the victim X, and 3.4 million in the name of purchasing the Eth vehicle, each transfer was made on the same day.

Therefore, the number of remittances that the defendant received from the victims is not "seven times", but "eight times", and even if recognized as such, it does not hinder the defendant's right of defense, and thus, it is corrected ex officio without any changes in the indictment.

6.5 million won was remitted over a total of 4,65 million won.

The defendant of "2017 Highest 8018" is between the victim AE who is the main owner of the lottery sales store and the victim AE who becomes aware of the lottery sales store by frequently purchasing lottery tickets.

In fact, the Defendant did not have the ability and intent to conduct a secondhand business, but exported the victim’s “(a trade name: AG) of lottery ticket sales stores located in Ansan-si, MaF, Ansan-si on September 20, 2016.”

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