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(영문) 인천지방법원 2019.03.21 2018고단5810
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 2, 2016, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. in the pure support of the Gwangju District Court, and was released on October 27, 2017 in the Gwangju Prison on the execution of the sentence, and the term of the punishment terminated on January 29, 2018.

[2018 Godan5810] On March 17, 2018, the Defendant concluded a motor vehicle sales contract with the victim E from the building B and the “D” located in the building B and subparagraph C at Bupyeong-si on March 17, 2018, stating, “on March 20, 2018, the said motor vehicle will be handed over to the victim E with the price for the said motor vehicle of the stringr,” and the Defendant did not have any intent or ability to hand over the said motor vehicle.

The Defendant received KRW 500,000 from the victim to the F account (G) in the name of the Defendant for the same day as the down payment, and received KRW 25,00,000 from the D representative H account (J) around the 19th day of the same month, and received KRW 5,50,000 from the above F account in the name of the Defendant on the 20th day of the same month, and acquired KRW 31,00,000 in total.

[2018 Highest893]

1. Crimes against K of Victims;

A. On January 18, 2018, the Defendant provided that “If you lend only KRW 30 million to the victim K, 25% of the interest rate shall be paid and only one year shall be paid.” However, the Defendant was planning to use the money borrowed from the victim as living expenses, gambling funds, etc., and the Defendant did not have any intent or ability to pay the money even if he/she borrowed money from the victim due to no specific property in bad credit standing.

The Defendant, by deceiving the victim as above, received KRW 3,00,000 from the victim to the F account (G) in the name of the Defendant on the same day, and received KRW 27,000,000 from the same account on January 19, 208, and acquired it by deceiving the victim.

B. On January 24, 2018, the Defendant stated that “The Defendant shall offer more heavy vehicles to the Defendant” to the Defendant, but the Defendant shall use the money borrowed from the victim as living expenses, gambling funds, etc.

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