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(영문) 의정부지방법원 2016.05.13 2015고단2023
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On August 13, 2013, the Defendant shows the victim C’s BMW750 vehicle at the “E cafeteria” located in Asan City, and “BM750 vehicle may be purchased and sold to any other person, and as such, there is no money now, the principal shall be immediately repaid as the vehicle is sold, and the proceeds shall be divided into half.

“The phrase “ was false.”

However, at the time of fact, the Defendant had no intention or ability to pay the borrowed money or to pay the proceeds, since the Defendant had to use the proceeds from sales in the repayment of the Defendant’s obligation even if he purchased and sold a motor vehicle with the victim’s money in the amount of KRW 130 million without any specific property.

As such, the Defendant, by deceiving the victim, received the money from the victim to the new bank account of the Defendant under the pretext of the money borrowed from the victim, and acquired the money in KRW 40 million on the same day, and KRW 3 million on August 31, 2014, respectively.

B. On August 16, 2013, the Defendant stated that “The Defendant would sell the vehicle to the Party and immediately send the sales proceeds by selling it to the Party, on the part of the Party, as the Defendant would be sufficiently entitled to KRW 55 million for the G 2007 G 2007 G 2007 G 2000 L, which was owned by the Victim.”

However, at the time of fact, the Defendant did not have the intent or ability to pay the sales proceeds to the victim because he had to use the vehicle sales proceeds in repayment of the Defendant’s obligation.

As such, the Defendant, by deceiving the victim, received the delivery of the amount equivalent to KRW 55 million at the market price of the above Benz S50L on the same day from the victim.

(c)

On April 7, 2014, the Defendant called the victim at the above “H” office and lent the purchase fund to the victim as “benz can live at the low price for a non-car.”

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