(영문) 부산지방법원 2015.11.24 2015고단5416

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Reasons

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자간(%)

(영문) 부산지방법원 2015.11.24 2015고단5416

사기등

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. From April 30, 2014 to August 11, 2014, the Defendant has been engaged in the business of purchasing and selling secondhand cars in D (motor vehicle wholesale retail) operated by the injured party C in Suwon-gu, Suwon-si, Suwon-si.

A. On June 27, 2014, the Defendant: (a) transferred KRW 14.5 million from the victim to one bank account (E) in the name of the Defendant’s name; and (b) was kept in custody for the victim in business on behalf of the victim; (c) was embezzled by consuming KRW 10.5 million in the vehicle sales price to be paid to the said owner of the said vehicle; and (d) around that time, 10.5 million in the vehicle sales price to be paid to the Hyundai Capital Capitals installment Financing Company; and (e) was consumed for personal purposes, such as investing in the Internet gambling site in mind.

B. On July 25, 2014, the Defendant: (a) transferred KRW 54 million from the victim to the account in the name of the Defendant’s name and was on business custody for the victim; (b) while returning the said money to the victim on account of the fact that trading of the middle and high-ranking ID was not sexually impaired; (c) but was embezzled by personal consumption and embezzlement around that time.

2. On August 4, 2015, the defrauded made a false statement to the victim C, stating that “The Defendant, by posting a phone to the victim C, wired KRW 19 million per se to purchase a heavy and misleading vehicle.”

However, at the time, the defendant had already refused to purchase the heavy and misleadings because of the fact that the transaction was about to purchase the heavy and misleadings, and therefore the defendant had no intention to use the above money to purchase the heavy and misleadings.

The Defendant, by deceiving the victim as such, received KRW 19 million from the victim to the above account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of transactions for entry and withdrawal;

1. The application of laws and regulations of the Investigation Report (No. 8,9,12,13).

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