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(영문) 서울남부지방법원 2018.08.28 2018고단1660
사기등
Text

1. Defendant 1 was punished by imprisonment with prison labor for one year, 2018 high group 1660 cases, and 309 high group 3099, 2018 high group 3107 high group 3107.

Reasons

Punishment of the crime

On April 18, 2013, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. and on December 5, 2013, the execution of the sentence was terminated at a detention center in Seoul Southern District Court on December 5, 2013. On June 24, 2016, the Defendant was sentenced to imprisonment with prison labor and two months on June 27, 2016, and the judgment became final and conclusive on February 7, 2017 at the Seoul Southern District Court.

2018 Highest 1660

1. The Defendant, at around December 2014, at a model helicopter conference held in Yeonsu-gu Incheon Metropolitan City B, sought from the victim C the amount of KRW 35 million below the market price.

“.....”

However, in fact, even if the Defendant did not own the said car and did not know the seller who held it, and received the payment from the injured party, he did not have the intent or ability to purchase the car, and was planned to fully consume the money received from the injured party, such as repayment of personal debt or purchase of model helicopter.

Nevertheless, the Defendant made a false statement as above and transferred the amount of KRW 5 million to the Defendant’s corporate bank account (D) on December 29, 2014, and KRW 30 million on January 14, 2015.

2. On April 15, 2015, the Defendant demanded the delivery of a car from an injured person on or around April 15, 2015, and “the repair of the vehicle that the Defendant intended to sell” is delayed.

As compensation for the delay in the delivery of a vehicle, it means that 30 million won is the down payment first, because it will be placed at a low price for BM X5, BMW X62.

However, in fact, the Defendant did not hold BMW X5 and BM X6 and did not know of the seller in possession, and was planning to consume all personal debt repayment or purchase of model helicopter even if he did not receive payment from the injured party.

Nevertheless, the Defendant, as mentioned above, was falsified and transferred to the Defendant’s corporate bank account (D) KRW 15 million from the injured party on April 27, 2015, and KRW 15 million on May 7, 2015.

Accordingly, the defendant is the victim.

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