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(영문) 인천지방법원 2014.11.13 2014고단5768
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 22, 2013, the Defendant was sentenced to a suspended sentence of one year and six months by imprisonment with labor at the Incheon District Court on March 22, 2013, and the said judgment became final and conclusive on March 30, 2013, and is still under a suspended sentence.

【Criminal Facts】

As above, the Defendant, who is in the period of the suspension of execution, ordered a seller in a used car sales complex to with motor vehicle with an identification card, presented a type of motor vehicle and a vehicle number confirmed in advance through the Internet homepage, had the employees of the selling company granted the key to the vehicle, thereby freely marking outside and inside pictures and making it possible to see the trial run without additional identification procedures, using the fact that the employees of the selling company can freely affix the key to the vehicle, and make a false identification card, and deceiving the people who want to purchase the vehicle, and deceiving them as having a legitimate right of brokerage, and take it by receiving the sales proceeds of the vehicle.

1. On May 17, 2014, the Defendant, around May 15, 2014, posted an advertisement stating that “C” of the Internet NAW520D vehicles shall be sold to 41 million won, by accessing the Internet NAW520D vehicles at the Internet NAV Kap,” and that “the Defendant would immediately deliver the vehicle to the victim E, who reported and contacted the advertisement, after drawing up a written Bac contract at the Incheon Fwork on May 17, 2014,” which read as “the Defendant would immediately deliver the vehicle upon deposit of money.”

However, in fact, the Defendant did not have the right to intermediate the above-mentioned trading because it was not a motor vehicle dealer, and was intended to use the above money as entertainment expenses, etc. even if the victim received the above money from the victim, and there was no intention or ability to transfer the ownership to the above-mentioned owner by transferring it to the victim.

Nevertheless, the defendant deceivings the victim as above, and continues to do so at around 13:00 on May 17, 2014, the "H" company in the middle and high-speed trading complex Flater in Seo-gu Incheon Metropolitan City.

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