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(영문) 부산지방법원 2013.08.21 2013고단3379
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2012, the Defendant: (a) was planning to operate an imported siren business; (b) was able to receive money from the victim C to use it as living expenses, etc. as an investment fund for the said siren business.

1. On March 19, 2012, the Defendant told the victim of the E Office located in Busan Seo-gu, Busan, that “I would like to engage in a siren business, and import will be very high. At present, the external tea has been sold in lots. If I would pay 10 million won as a down payment to purchase it, I would pay 4 million won at least for the month in which YA business is conducted with the vehicle.”

However, there was no intention or ability to use the money as the purchase down payment for the vehicle even if the money was paid from the victim because the victim was not able to pay the profit equivalent to 4 million won per month by the rental car project planned by the defendant, and there was no heavy external removal from the market at the time.

The defendant was transferred from the victim to the Nonghyup Bank account in the name of F in the name of the defendant as the down payment for the purchase of vehicles on the same day.

2. On March 30, 2012, the Defendant stated that “BM X6 accident vehicles have been moored at the victim’s house located in the Busan BY G, and that “The Defendant would pay revenues of at least five million won per month through a siren program, if the purchase price of the above vehicle is paid in KRW 55 million, and KRW 30 million,00,000,000,000 per month.”

However, the fact does not require 85 million won at the purchase and repair cost of the above BMW X6 accident vehicle, and there was no intention or ability to use the vehicle as the purchase and repair cost even if the money is paid by the victim.

The defendant issued a cashier's check of 50 million won in Busan Bank and a cashier's check of 5 million won (total 55 million won) from the victim on the same day under the name of the purchase price of the above vehicle. On April 3, 2012, the defendant issued the above F Bank under the name of the repair cost of the above vehicle.

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