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(영문) 인천지방법원 2014.02.11 2013고단4272
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[2013 Highest 4272] The defendant is a person who mediates the second highest trading.

Even if the Defendant continued to use the money for gambling at any time, even if he/she received the money from the victim, who is the buyer of the secondhand car, even though he/she had paid the money for gambling at any time, or used the money which was received from the buyer of the secondhand car in the previous transaction with the money for gambling, and then paid the money for the money that he/she received from the victim to the seller of the secondhand car without paying the money to the seller of the secondhand car.

1. On September 22, 2011, the Defendant made a false statement to the victim D, who continued a second class transaction with the Defendant in Yeonsu-gu Incheon Metropolitan City, stating that “The Defendant would deposit KRW 11.9 million with the Defendant and send the second class of the class of the class of the class of the class of the class of the class of the class of the class of the class.”

However, in fact, the defendant did not secure the above vehicle at the time, and it was thought that he would use the vehicle for gambling with the payment from the victim, so even if he received the payment from the victim, he did not have the intention or ability to send the above vehicle to the victim.

The Defendant, as such, by deceiving the victim, received from the victim a transfer of KRW 11:04,00,000 from around the same day.

2. On September 23, 2011, the Defendant made a false statement to the victim D, who continued to engage in a second class transaction with the Defendant in Yeonsu-gu Incheon Metropolitan City, stating that “The Defendant would deposit KRW 10,350,000 in advance and send a second class of the front class of the front page.”

However, in fact, the defendant did not secure the above vehicle at the time, and it was thought that he would use the vehicle for gambling with the payment from the victim, so even if he received the payment from the victim, he did not have the intention or ability to send the above vehicle to the victim.

As such, the Defendant deceivings the victim, and up to 10:54 on the same day, from the victim, KRW 1,035,00.

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