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(영문) 인천지방법원 2016.11.24 2015고단4537

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around March 10, 2011, the Defendant made a false statement to the victim of the F office operated by the victim C in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, stating that “The Defendant would sell used cars to the main owner of the land and pay the price.”

However, in fact, the defendant did not have certain income at that time, and that he would export to D of a secondhand seller, and that the price which he did not receive is 100 million won, and even if he received used cars from the victim, he did not have the intention or ability to pay the price.

As above, the Defendant, by deceiving the victim as above, received two vehicles of 37 million won in total amount of the market price from the victim, as shown in [Attachment 1] No. 5 and No. 6 of the List of Crimes Nos. 1 until July 2012, the Defendant acquired two vehicles of 22 million won in the market price from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. The recording of statements by witnesses C and D in the third protocol of trial, and the recording of statements by witnesses G in the fourth protocol of trial;

1. Application of Acts and subordinate statutes to a detailed statement of entry and withdrawal transactions, a written statement of performance, a fact-finding certificate (D), each motor vehicle registration certificate (a investigative record No. 50, 51 pages);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Social Service Order Criminal Act

1. The alleged defendant and his defense counsel asserted that the purchase price in the annexed Form 5 No. 1 crime sight table was already paid before the vehicle was purchased, and the highest price stated in No. 6 once a year was disposed of with the consent of the victim, and thus, it does not constitute a crime of fraud.

2. Determination

(a)bea cruise fraud listed in No. 5 of [Attachment 1] List No. 1.