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(영문) 인천지방법원 부천지원 2019.09.19 2019고단2075
사기등
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The punishment of the accused shall be determined by two years and six months of imprisonment.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

"2019 Highest 2075"

1. Fraud;

A. On May 21, 2019, the Defendant posted a notice on the Internet site “D” to the effect that the Defendant sold a vehicle of AD for KRW 35 million to the victim F, who purchased the vehicle at KRW 35 million. On May 21, 2019, the Defendant made a false statement to the effect that “A7 vehicle of AD (E) is sold at KRW 35 million.” On the other hand, the Defendant would deposit KRW 29 million from the seller of the vehicle that purchased the vehicle with KRW 35 million in the vehicle if he/she transfers the vehicle to the buyer.”

However, in fact, the defendant was not a heavy withstanding, and even if he was transferred a vehicle from the victim and disposed of it, the defendant had no intention or ability to pay the proceeds to the victim normally due to his intention to use the vehicle.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim one vehicle of the above A7 car at the market price of KRW 35 million.

B. On May 22, 2019, the Defendant posted a notice to the effect that “BMW vehicle (H) is sold at KRW 55 million” on the Internet site “G” to the victim I, who purchased the said BM vehicle at KRW 5,500,000. On the one hand, the Defendant would deposit KRW 43,50,000 which is deposited to the Party from the seller of the vehicle that purchased the vehicle from the seller of the vehicle to the buyer, and thus, would again deposit KRW 55,00,000 for the vehicle.”

However, in fact, the defendant was not a heavy withstanding, and even if he was transferred a vehicle from the victim and disposed of it, the defendant had no intention or ability to pay the proceeds to the victim normally due to his intention to use the vehicle.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim one of the above BMW passenger cars worth KRW 55 million at the market price.

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