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(영문) 수원지방법원 2018.02.08 2017고단7535
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On January 2017, 2017, the Defendant: (a) at the “D office” office operated by the Defendant located in the Defendant’s wife Population C in Young-si, Young-si; (b) “Aponing money instead of an auction price, to the victim E”, “Apon 1 vehicle in the F Sponpo-si, a car in the Republic of Korea, and a car in the G Asssp-si, one in the name of the damaged party, and then re-transfer the said vehicle to the name of the damaged party

“A false statement” was made.

However, in fact, the defendant, after being awarded a successful bid on his own name, provided each of the above automobiles to the lending company as collateral and used them for personal purposes, such as repayment of existing debts and living expenses, etc. Accordingly, even if the victim pays the auction proceeds for each of the above automobiles on behalf of himself, he did not have any intention or ability to make a transfer of ownership to the victim.

As such, the Defendant, by deceiving the victim, received KRW 1,30,000 from the victim on February 20, 2017 as the proceeds of the auction of vehicles, and KRW 2,508,00,00 from the victim on February 27, 2017, respectively, and received KRW 2,50,000 from the victim on agricultural bank account (Account Number 790547919631) in the name of the Agricultural Cooperative (Account Number 79097919631) from the victim on August 10, 2017, and received KRW 17,770,000 from the victims on a total of five occasions from August 10, 2017, and received KRW 2,000 from the victim on a gallon account of the market price of KRW 2,00,000.

2. The Defendant: (a) was operating the “D”, a company that engages in the heavy-class car trading in the wife population C at Chicago-si, and (b) through I around July 9, 2017, the victim J, “on the face of the week KRW 11,200,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

The phrase “ makes a false statement.”

However, in fact, the Defendant was able to receive KRW 18 million from the injured party to use it for the repayment of the existing debt, and thus, the Defendant was able to use it for the repayment of the existing debt.

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