(영문) 인천지방법원 부천지원 2021.02.25 2020고단380

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(영문) 인천지방법원 부천지원 2021.02.25 2020고단380

사기

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1. The defendant shall be punished by a fine of 5,00,000 won for the crime No. 1 as indicated in the judgment of the court, and imprisonment for the crime No. 2 as indicated in the judgment of the court below.

Reasons

Punishment of the crime

On May 25, 2017, the Defendant was sentenced to one year and eight months of imprisonment for fraud, etc. in the Busan District Court Branch Branch of the Incheon District Court, and the judgment was finalized on August 14, 2017.

1. On March 22, 2019, the Defendant concluded that “Around March 22, 2019, the Defendant purchased and repaired a sports accident vehicle for Bosch Rexroth, and sold it, and changed the purchase price of the test vehicle to distribute profits accrued therefrom.”

However, even if the defendant received money from the injured party, he did not think that it will be used individually, but did not think that it will be used as the purchase price of the vehicle.

Around March 22, 2019, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim from the victim; (c) obtained a total of KRW 12 million from the account in the name of D, a de facto spouse of the Defendant’s de facto marriage; and (d) obtained a transfer of KRW 10 million to the same account around March 25, 2019; and (c) obtained a total of KRW 12 million from the said account on two occasions.

2. On July 14, 2016, the Defendant made a false statement that “Around July 14, 2016, the Defendant would transfer 36 million won to the Party upon completion of repair to the Party” to the Victim C by repairing a vehicle of 2020d 20d 200d 2015.

However, since the defendant's personal obligation was around KRW 200 million at the time, even if he received the payment from the injured party for the purchase and sale of the vehicle, he was only able to use it for the repayment of his personal obligation, and there was no intention or ability to transfer the vehicle to the injured party normally.

Nevertheless, on July 14, 2016, the Defendant received KRW 20 million from the injured party to the corporate bank account in the name of D (F) in fact, the Defendant’s spouse, and received KRW 30 million in cash around August 26, 2016 and acquired it by fraud.

Summary of Evidence

【Criminal Records】

1. Inquiry about criminal history;

1. The investigation report (in respect of the suspect:

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