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(영문) 수원지방법원 2014.06.18 2013고단1718
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2013 Highest 1718]

1. On June 16, 201, the Defendant made a false statement that “A vehicle to be maintained was requested to the victim during the period of repair. A vehicle to be used during the maintenance period should be lent to the borrower.”

However, in fact, the defendant did not request the maintenance of the vehicle, and there was no intention or ability to lend the vehicle to the borrower who requested the maintenance even if he received the vehicle from the victim.

Nevertheless, the Defendant deceiving the victim as above and received from the victim the E-Poter Cargo in the amount of KRW 2 million at the market price, namely, one of the E-Poter cargo vehicles.

2. On June 17, 2011, the Defendant made a false statement to the victim C by telephone, stating that “The Defendant would have repaid 2.10,000 won to the victim C, which is short of 2,10,000 won.”

However, the defendant did not have any intention or ability to repay it to the victim because he did not have any specific income or property with bad credit standing.

Nevertheless, the Defendant, by deceiving the victim as above, received 2.10,000 won from the victim to the corporate bank FF account under the name of the Defendant.

[2013 J. 2596] On August 3, 2011, the Defendant made a false statement to the victim I who operates H from Suwon-gu, Suwon-gu, Suwon-gu, to the effect that “The amount of traffic accident agreement among the children is urgently required, but if the Defendant borrowed KRW 2 million, he/she will pay it.”

However, the defendant did not have any intention or ability to repay money even if he borrowed money from the victim because he did not have any occupation or particular property.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 2 million from the victim to the Agricultural Cooperative (J) account under the name of the Defendant, and fraudulently acquired the victim by transfer.

Summary of Evidence

[2013 Highest 1718]

1. Defendant's legal statement;

1. Statement of the police with C 1.

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