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(영문) 서울서부지방법원 2014.05.27 2014고정584
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 15, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Western District Court for fraud, and the said judgment became final and conclusive on November 23, 2012.

1. Around April 16, 2012, the Defendant stated that “C intends to sell a sP car and buy a sP car in the city of Yongsan-gu Seoul, Yongsan-gu, Seoul, and then want to deliver a sP car later,” to the victim B. The Defendant stated that “C would sell a sP car and want to buy a car in the city of Yongsan-gu. It is necessary to pay a down payment of KRW 4 million. 4 million first, on the face of the week, the sP car will be sold first, and then the sP car will be delivered later.”

However, in fact, the above C did not have any idea to purchase a car or to sell a ice car, and the Defendant was thought to consume the money received from the victim as living expenses, etc.

The Defendant, as such, by deceiving the victim, received 4 million won from the victim’s seat to the bank account in the name of the Defendant.

2. Around April 18, 2012, the Defendant stated that “F would sell a string car and buy a stringing car to the stringing passenger car in Yongsan-gu Seoul Metropolitan Government,” and that “F would sell a string passenger car to the string passenger, and then deliver a string passenger car to the string passenger.” The Defendant stated that “F would sell a string passenger car to the string passenger car to the string passenger and then deliver a string passenger car to the string passenger.”

However, in fact, the F did not think that the F would buy or sell a rocketing car, and the Defendant was able to consume the money received from the victim as living expenses.

The Defendant, as such, by deceiving the victim, received 5 million won from the victim’s seat to the bank account in the name of the Defendant.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Each statement of F and C;

1. Application of Acts and subordinate statutes to the details of transactions by account, vehicle registration certificate, copy of money borrowed certificate and copy;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act;

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