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(영문) 의정부지방법원 2016.11.25 2016고단4086
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around July 25, 2014, the Defendant made a false statement to the victim M that “L” would allow the victim M to purchase at a low price of one ton and revoked cargo vehicle.

However, the defendant did not have the intent or ability to purchase cargo from the victim.

Nevertheless, on July 26, 2014, the Defendant transferred KRW 500,000 as the down payment from the victim, and KRW 2.2 million as the intermediate payment on August 4, 2014, to one bank (N) account in the name of the Defendant, and acquired the total amount of KRW 2.7 million.

"2016 Highest 4503"

1. Fraud;

A. On August 16, 2013, the Defendant: (a) around August 16, 2013, the Defendant: (a) purchased a vehicle in the name of another person, such as a corporation, in the name of another person; and (b) operated the vehicle only for three years after the establishment of the right to collateral security on the vehicle in the name of another person; (c) purchased the vehicle in the name of another person, such as a corporation, and then, (d) purchased the vehicle in the name of another person, the Defendant would turn the vehicle into another vehicle if it wants to move for three years.

However, in fact, the defendant did not own the above benz vehicle and purchased the benz vehicle under the above conditions, and did not intend or have the ability to sell it normally to the victim.

Nevertheless, on August 19, 2013, the Defendant, by deceiving the victim, was transferred KRW 5 million to a corporate bank R bank account under the name of the Defendant, as the down payment of vehicle around August 19, 2013.

Accordingly, the defendant acquired the victim's property by fraud.

B. On September 6, 2013, at a place where the location is unknown, the Defendant against the victim S shall return the remainder after deducting 10% from the paid price, if the Defendant operates the vehicle in cash after paying 50% of the paid vehicle to the victim T, and returning it after three years.

The rent of the leased vehicle shall be KRW 3 million, and the remainder shall be the down payment of KRW 15 million.

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