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(영문) 서울중앙지방법원 2015.07.17 2014고단2326
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 9, 2010, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court on July 1, 201, and completed the execution of the sentence in the Ansan Prison on July 1, 201.

"2014 Highest 2326"

1. On September 22, 2011, the Defendant, at the victim D(43 years of age) office located in Gangnam-gu Seoul Building 306, concluded that “The new model of G55 model is KRW 200,000,000,000 imported heavy cars from abroad and purchased KRW 98,000,000.” On October 17, 201, the Defendant concluded that “A car will be transferred by October 17, 201, if the down payment amount is KRW 15 million.”

However, even if the Defendant received the down payment from the victim, he did not have the intent or ability to deliver the said money to the victim by importing the benz from a foreign country. In addition, the Defendant did not have any particular property and did not have any intent or ability to return the said money due to the lack of monthly income.

The defendant received a total of KRW 15 million from the victim to the bank account in the name of the defendant on the 23th of the same month.

"2014 Highest 5969"

2. On August 16, 2011, the fraud Defendant made a false statement to the victim F through E at an irregular place on August 16, 2011, stating that “The cost of the test for certification of the Wentri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

However, the above vehicle is a vehicle short of the standard of the Ministry of Environment and is unable to obtain certification from the Ministry of Environment, and even if the defendant received the above money from the victim, the defendant did not have an intention or ability to obtain certification from the Ministry of Environment.

The Defendant, as a result of the examination for certification from the victim, shall be KRW 3.5 million on August 16, 201 through the above E, KRW 1.5 million on August 24, 201, KRW 500,000 on the 25.5 million on the same month, KRW 26.5 million on the 29.3 million on the same month, KRW 300,000 on the 30.7 million on the same month, KRW 200,00 on September 21, 2011, KRW 60,000 on the 28.6 million on the same month, and KRW 20,000 on the 25th day of the same month.

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