(영문) 제주지방법원 2012.12.27 2010고단742

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(영문) 제주지방법원 2012.12.27 2010고단742

사기

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A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On May 2, 2008, the criminal defendant against the victim B showed the victim's "D Automobile Corporation" operated by the victim B in Jeju located in "D Automobile Corporation", which shows that "I will sell this vehicle at KRW 18 million to the victim, and deliver the vehicle to the plaintiff on May 6, 2008 on deposit with the head of Tong at the head of Tong."

However, in fact, the defendant was merely intended to conceal the price of the vehicle by ice sale, and did not actually intend to deliver the vehicle, and there was no authority to sell the vehicle, and even if he received the price of the vehicle from the victim, he did not have any intent to deliver the vehicle and ability to deliver the vehicle.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50,000 on the same day as the vehicle price from the victim, and transferred KRW 17,460,00 from the victim to the agricultural bank account under the name of the Defendant-friendly H in the Defendant’s friendship.

2. Around 13:00 on May 3, 2008, the criminal defendant against the victim I made a false statement to the effect that "the victim will sell the G lowest vehicle at KRW 18.6 million to the victim's I by phoneing the victim I, and deposit the down payment at KRW 600,000,000,000,000,000,000,000,000, and deposit the remainder on May 6, 2008, to deposit the vehicle on the day of the deposit, and then sent the vehicle to the victim by sending the vehicle registration certificate for the said vehicle."

However, the defendant did not have any intention and ability to deliver the vehicle to the victim even if he receives the vehicle price from the victim for the reasons of Paragraph 1.

Nevertheless, the Defendant deceiving the victim as above, and received KRW 60,000 from the victim to the Agricultural Cooperative Account in the name of the defendant's female job-friendly guardian in the name of the JJ on the same day as the vehicle price, and transferred KRW 1,746,00 on May 6, 2008 to the Agricultural Cooperative Account in the name of the above H.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Each police officer with respect to B, I, and H.

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