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(영문) 대구지방법원 2016.10.13 2016고단654
사기
Text

The defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 19, 2012, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seo-gu District Court Branch Branch of the Daegu District Court on January 15, 2013, and the execution of the sentence was terminated on January 15, 2013. On May 12, 2015, the Daegu District Court sentenced two years and six months of imprisonment for fraud, etc. and the said judgment became final and conclusive on November 13, 2015.

【Criminal Facts】

1. On March 2014, the Defendant told the victim J. (J.) that “The Defendant would purchase a vehicle with a card to purchase a part of the purchase price under the victim’s name and pay the sales price by selling the card, and then selling it.”

However, in fact, the defendant only intended to purchase the vehicle in the name of the victim and sell it individually, and did not have any intent or ability to pay the money to the victim as above.

The Defendant had the victim borrow 38 million won from the new card in the name of the victim around that time, and had the victim purchase 52.6 million won of the market price, and received the above NAS car from the victim.

2. On March 2014, the Defendant made a statement to the victim J of the victim that “The Defendant would obtain a loan from capital capital to the victim’s name, purchase the vehicle, and pay the sales proceeds by selling the vehicle.”

However, even if the defendant purchases a vehicle in the name of the victim, the defendant did not have the intent or ability to pay the victim with the money by means of returning it as above.

Around that time, the Defendant borrowed KRW 7650,00 from the Hyundai Capital Capital to the victim's name, and had the victim purchase a heavy L, high-speed car equivalent to the amount, and received the above car from the victim.

In this respect, the defendant has twice through two times.

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