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(영문) 수원지방법원 안산지원 2020.01.10 2019고단3885

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around April 2018, the Defendant made a false statement to the victim’s D office operated by the victim C in Silung-si, Inc., stating that “Non E requires his/her business license plate. He/she will deposit the purchase price three days after his/her own license plate.”

However, the defendant from March 31, 2018 to the same year.

4. Until January, 200, 8.5 million won received from E as the sales number plate price was used in connection with the purchase of the vehicle, and the money in the account was used for the purchase of another vehicle, so there was no intention or ability to pay the business number plate price to the victim.

Around April 5, 2018, the Defendant had the victim deliver to E the H business license plate equivalent to KRW 8.5 million from the “G” located in the Dong-gu, Ansan-si, Seoul, and the H business license plate equivalent to KRW 8.5 million.

Accordingly, the defendant deceivings the victim to get E to deliver property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. The loan certificate;

1. Holding deposits/trust account meetings;

1. A motor vehicle registration certificate or an entrustment contract for freight trucking services;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear and return a victim's telephone statement-verification);

1. Relevant Article 347 (2) and (1) of the Criminal Act and Article 347 (2) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that the instant crime was committed without being aware of during the period of the same repeated crime, the fact that the same criminal records are more favorable than four times: the fact that the victim has recognized the crime, the fact that the victim has agreed to do not repeat the crime, and the fact that the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the process of the trial shall be determined as ordered by taking into account the following factors