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(영문) 대전지방법원 2013.09.26 2013고단2800

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 11, 2013, the Defendant was sentenced to imprisonment for a crime of fraud, etc. at the Daejeon District Court's Yananan District Court's office, and appealed two years and six months, and is still pending in the judgment at the Daejeon District Court 2013No910.

The Defendant, from September 2012 to January 31, 2013, worked in E operated by D in Yannam-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, while engaging in the business of arranging the trading of used cars.

On January 7, 2013, the Defendant made a false statement to the victim U in the T Trading Complex located in the Dong-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, stating that “The documents required prior to the vehicle on the face of KRW 18,300,000 as the price for the O SP car will be paid immediately after receiving the price.”

However, in fact, the Defendant was expected to receive the purchase price from the victim and repay the new cooperation debt, and there was no intention or ability to transfer the ownership of the said passenger car to the victim.

On January 7, 2013, the Defendant acquired KRW 18.3 million from the victim as the sales price for the said passenger car.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer in relation to G, D, V, and W;

1. Application of Acts and subordinate statutes on police statement to U;

1. In light of the relevant legal provisions on criminal facts and the reasons for sentencing under Article 347(1) of the Criminal Act, where the victim’s damage was not recovered from the crime of this case, punishment equivalent thereto shall be inevitable for the defendant.

However, the punishment was determined as above in consideration of the fact that the defendant is against the law, the amount of fraud, etc.

It is so decided as per Disposition for the above reasons.