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(영문) 서울동부지방법원 2014.01.22 2013고단3208
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the enforcement of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2013, Defendant B made a false statement that Defendant B had the victim D, a middle school alumni, “at the same time with Dong Changdong,” and the victim believed to have believed that he/she had believed that he/she had believed to be able to do so, and Defendant A called Defendant A to “I would have sold the BMW vehicle owned by his/her mother, and would have received KRW 15 million from the victim as if he/she sold it to the victim,” and Defendant A accepted the above proposal and conspired to commit fraud.

On November 17, 2013, in a village park located in Gangdong-gu Seoul Metropolitan Government, the Defendants made a false statement to the victims that “The BMW vehicle comes out of 15 million won in the middle and high-speed market, and can be sold promptly to 30 million won. We already purchase other vehicles, and thereby, NL invests money. The profits are equally divided by three persons except for expenses.”

However, in fact, the Defendants did not engage in the medium-sized trading business, and they did not go to the medium-sized BMW vehicle market, and the Defendants displayed the BMF vehicle owned by their mother as if they were the victims of the transaction vehicle and planned to receive the purchase price of the vehicle from the victims.

Defendant

A, around 23:40 on November 18, 2013, driving the said BM vehicle on the front side of the Westernnam-dong, Songpa-gu Seoul Metropolitan Government, and then arriving at the front side of the said BM vehicle, which is known to the Defendant A, at the same time as the Defendant A’s vehicle, E requested the following to the effect that “Ne is driving only as the borrower is, and the vehicle buyer received the value of the tea,” and caused E to drive the said BM vehicle and drive it again to the above place.

The Defendants may purchase the said BMW vehicle from 23:40 to 24:00 on the roads in front of the west-Namhyb.

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