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(영문) 서울중앙지방법원 2013.11.06 2013고정1725
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 28, 2011, the Defendant posted an advertisement on the Internet C’s website stating that “the 62 million won is sold to foreign vehicles,” and on the same day, in E located in Gwangju-si, the victim F, which reported and contacted the said advertisement, may be delivered to the victim “the 50 million won of this vehicle,” and the victim said that “the remaining 12 million won is changed when the vehicle is delivered to the victim for two weeks after the down payment.” On January 3, 2012, the Defendant called the victim “the remaining 12 million won out of the remainder 12 million won is sold to the vehicle.”

However, the above vehicle was purchased at KRW 45 million and it was not clear whether it is possible to repair the flood accident, and even if it is possible to repair the vehicle, the repair cost is expected to be at least KRW 15 million,00,000 or KRW 20,000,000. Thus, even if the victim receives part of the down payment and remainder first, there was no intention or ability to deliver the vehicle to the victim after repairing it.

The Defendant, as such, by deceiving the victim, received KRW 50 million in total from the victim as the down payment of the above vehicle around December 28, 201, and around January 3, 2012, KRW 55 million in total under the name of some of the remainder payments.

Summary of Evidence

1. Legal statement of witness G;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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