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(영문) 서울남부지방법원 2018.01.24 2017고단2117
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant became aware of the Victim E who works for the same place as a used vehicle in Gangseo-gu Seoul Metropolitan Government (D).

1. The Defendant, around December 29, 2008, intended to arrange the purchase and sale of a vehicle by putting the vehicle on the part of the victim when he/she remitted money to the victim when he/she left the vehicle at the seat of “D”.

“A false statement” was made.

However, in fact, the price for the purchase to the original borrower is 27.5 million won and the price for the purchase to the victim is 22 million won and the price for the sale to the victim was only 22 million won and the damage was forced to occur if the transaction was sexually executed, and there was no intention or ability to transfer ownership by mediating the sale of the last vehicle even if the money was transferred from the damaged party.

Nevertheless, the defendant deceivings the victim as above and acquired 22 million won on the same day as the purchase price of the vehicle from the victim.

2. On December 30, 2008, the Defendant: (a) around December 30, 2008, at the “D” company, the Defendant would transfer money to the victim on the face of transferring the money to the victim.

“A false statement” was made.

However, in order to raise funds to China rapidly, there was no low typed vehicle from each other, and there was no intention or ability to transfer the vehicle to the victim, only after receiving money from the injured party.

Nevertheless, the defendant deceivings the victim as above and obtained the delivery of KRW 15 million on the same day as the purchase price of the vehicle from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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