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(영문) 인천지방법원 부천지원 2019.10.22 2019고단2079

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 11, 2018, the Defendant, at the office of Yangcheon-gu Seoul building and the office of the victim C (Representative D) Co., Ltd. (Representative D) located in the second floor, sought explanations on cargo transportation services from the victim company's business employees, and concluded that the employee "it is not possible to purchase any vehicle because there is only 4 million won during the present number, but there is a time deposit maturity around July 2018." Thus, if the purchase price of the vehicle is lent KRW 14 million, the Defendant would make the payment in KRW 100,000 per month from May to July 2018, and the remainder would be repaid in full on August 10, 2018."

However, in fact, the Defendant did not have a term deposit with the maturity of July 2018, and there was no specific property, and thus, there was no intention or ability to repay the purchase price from the victim company within the agreed period.

As such, the Defendant deceiving the victim company and caused the victim company to pay 14 million won for the EY-III vehicle purchased under the name of the defendant by the victim company, and acquired pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning F;

1. An investigation report (in cases of motor vehicle register for confirmation of the time of sale of a motor vehicle);

1. A written confirmation of implementation and the application of statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence recognizes the crime of this case and reflects the fact that the defendant has no record of punishment for the same kind of crime, there is no record of punishment exceeding the fine, and the amount of damage seems to have already been repaid in the amount equivalent to KRW 7.50,00 out of the amount of damage, and the remaining amount of damage also appears to be fully repaid within several months according to the collection order and seizure of the defendant's claim against the victim's benefit, the age and collection order of the defendant shall be taken