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(영문) 전주지방법원 2016.02.16 2015고단1723
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, from around 2008 to 2008, is a person who is engaged in the import and sale of external used cars while operating the “D” in Seojin-gu Seoul Special Metropolitan City Co., Ltd.

1. Fraud to victims E;

A. On December 31, 2008, the Defendant, at around 11:00 on December 31, 2008, made a false statement to the effect that “The Defendant would purchase the purchase price for a passenger car at a container 550 vehicle by January 20, 2009 on the face of the week,” at the G Office of the Defendant’s limited company in the operation of the victim E, which is located in Seojin-gu, Seoul Special Metropolitan City F.

However, the defendant did not have any particular income due to the difficulties in the management of the above D, and there was no other property, and since the money to be received from the injured party is thought to be used as living expenses, etc., even if the money was paid from the injured party as above, there was no intention or ability to return the money to the injured party.

Nevertheless, the Defendant received KRW 5,500,000 from the injured party in cash at the time of the above day as the purchase price for a passenger car, and received KRW 6,812,000 from January 12, 200 as the foreign exchange bank account under the name of the Defendant, and received KRW 40,000,000 around January 13, 209 as the foreign exchange bank account in the name of the said company D and received KRW 52,312,000 in total.

B. On July 7, 2009, the Defendant presented at the above G office around 11:00 on July 7, 2009, a false statement to the effect that “The Defendant would transfer benz E350 automobiles together with benz E350 knts E350 knts if it was not purchased on the date promised to sell benz E50 knts E.” and that “The Defendant would transfer benz E350 knts together with knts E350 knts if it was additionally 20 million won.”

However, the facts indicate that the Defendant did not have any particular income or property as stated in the preceding paragraph, and that the amount to be received from the injured party should be used as living expenses, etc., and even if the Defendant received the aforementioned sales amount from the injured party, the car will be used by the injured party.

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