(영문) 서울남부지방법원 2015.09.11 2015고단700

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(영문) 서울남부지방법원 2015.09.11 2015고단700

사기

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A defendant shall be punished by imprisonment for not less than one year and six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

The Defendant stated to the effect that “The purchase price of the vehicle is KRW 10,700,000.” The Defendant: “The purchase price of the vehicle is KRW 10,770,000; 50% of the proceeds from the purchase and sale of the vehicle from around 2011 to the victim E, who received the purchase price of the vehicle from the victim E who operated the used vehicle sales store from the victim E, and paid the proceeds from the purchase and sale of the vehicle.”

However, at the time, the Defendant was in excess of the obligation to pay the monthly interest, etc., which would have been incurred in lending money from other persons, loan companies, etc., and even if the vehicle purchase funds were received from the complainants, the Defendant used the funds to repay other obligations of the Defendant or to use them for personal purposes, and then purchased the vehicles notified to the complainants and did not have the ability or intent to return the principal and the profits of the purchase fund by selling them.

The Defendant, by deceiving the victim as such, received KRW 10.7 million from the victim’s account in the name of the Defendant on the same day to the SC Japan Bank account in the name of the Defendant, from that time, and by deceiving the victim by the same method until December 30, 2014, received a total of KRW 138.4 million from the victim on 15 occasions, as shown in the list of crimes in the annexed list of crimes.

"2015 Highest 2721"

1. The Defendant’s fraud against the victim D calls the victim on or around April 24, 2014, and calls the victim to pay the principal and interest of the vehicle to the victim. However, at the time of the fact, the Defendant paid the principal and interest of the vehicle to the lender by using the phone to pay the principal and interest of the vehicle to the victim. However, it is difficult for the victim to pay the principal and interest of the vehicle to the lender and the beneficiary, etc. under circumstances where the principal and interest was repaid by the “refluent” due to the debt owed to the lender

유사 판례

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