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(영문) 의정부지방법원 2020.05.06 2019고단2676
사기등
Text

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

Reasons

Punishment of the crime

1. Fraud;

A. On March 25, 2016, the Defendant called the victim B by phoneing the phone to the victim B, and saying, “The Defendant would arrange to pay KRW 20,080,000 to B, the amount of KRW 20,000,000, which was disposed of by the vehicle owner to the middle and high-ranking business owner.”

However, even if the defendant received money from the victim, he did not use the money for installment settlement, used the money to repay debts to other customers and the money payable to clients, and used it to return so-called or use it for living expenses, etc., so he did not have the intention or ability to adjust the installments of the victim.

As above, the Defendant, under the pretext of deceiving the victim and arranging the installments of the vehicle from the victim, received the transfer of KRW 20,000,000,000 in total, around March 25, 2016, and KRW 10,000,000 in around March 26, 201, as well as KRW 10,000,00 in the name of the victim, from the victim to the D account under the name of the Defendant.

B. On May 31, 2018, the Defendant called “to sell a rash car to the victim F by phone to the victim F.”

However, even if the defendant received money from the victim, he did not use the money as a payment for the victim's acquisition of a passenger car, used it to repay the debt to other customers, and used it so-called return or use it for living expenses. Therefore, the defendant did not have any intention or ability to proceed with a contract for the purchase of a passenger car as agreed by the victim.

As above, the defendant deceivings the victim of the damage, and is under its control from May 31, 2018 to the same year as the vehicle price.

6. By the end of 29.20, the sum of KRW 16,740,00 has been transferred to the H bank account (I) in the name of G and acquired it by fraud.

2. The Defendant, at the end of April 2018, sells to the Victim L by K agency located in the J of Namyang-si, Namyang-si, “The Defendant purchases the proceeds of the sale of the Party Mystren car and then purchase the Fystton car.

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