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(영문) 창원지방법원 진주지원 2015.06.02 2015고단181
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 27, 2012, the Defendant was sentenced to two years and four months of imprisonment for fraud, etc. at the Changwon District Court on July 27, 2012, and completed the execution of the above punishment on December 3, 2013.

[2015 Godan181] From August 28, 2014 to 16:00, the Defendant made a false statement to the victim’s office operated by the victim H in Sacheon-si, stating, “The real estate business is conducted in Jin-si. There is a person who has removed records on the above side of the driver’s license cancellation and may create two new driver’s license. There is no two kinds of ethios. There is no one. There should be no more than two times. There should be no down payment. The down payment must be given in advance. To solicit on the upper line, 2.5 million won is required, and one million won will proceed first with the down payment.”

However, the defendant did not have any intention or ability to newly issue a driver's license after removing the record of the revocation of the driver's license.

As such, the Defendant, by deceiving the victim, was given one million won under the pretext of down payment to the NongHyup Bank account under the name of the Defendant on the same day, and was given 1.1 million won under the pretext of promotion expenses to the same account around September 6, 2014.

[2015 Highest 240]

1. On September 23, 2014, the Defendant concluded that “Around September 23, 2014, the victim I would be well aware of the revocation of a license and a fine for drinking driving license. I would like to relieve the victim of the revocation of a license if I wanted to do so.”

However, even if the defendant received money, he did not have the intention or ability to remove the license cancellation and to enable the victim to drive.

As such, the Defendant, by deceiving the victim, obtained 2.2 million won in cash from the victim on the same day, and acquired it by fraud.

2. On November 3, 2014, the Defendant called the victim I to the victim I and sent three million won of the amount of fine to be paid in advance, if he/she intends to obtain relief from the revocation of a license.

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