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(영문) 인천지방법원 2015.02.12 2014고단6857

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 4, 2013, the Defendant stated that, at the D's main office operated by the Defendant in Yeonsu-gu Incheon Metropolitan City, the Defendant sold the victim E a vehicle of KRW 210,000,000,000, which is the Ft in the name of D, to the victim E, with a mortgage on KRW 15,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, in fact, since it was difficult to secure employee's benefits, company operation funds, etc. since it was difficult to secure employee's benefits, etc. at the time, even if the victim received full payment from the victim, he/she did not have the intent or ability to repay vehicle loans, and he/she would have consumed D's debt repayment, card payment, etc.

Nevertheless, the Defendant, as such, obtained a total of KRW 210 million from the victim on November 4, 2013, with the name of the purchase price of the vehicle as above, KRW 20 million from the victim, KRW 30 million on the same month, KRW 130 million on December 3, 2013, and KRW 210 million on December 3, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. A H statement;

1. A motor vehicle sales contract, a business registration certificate, a motor vehicle register, a consignment management contract, a judgment;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the details of account transactions) (D);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 2 (the amount exceeding 100 million won, the amount below 500 million won) and the basic area (one to four years) (the special person) of the sentencing criteria; and

2. The Defendant committed the instant crime without being aware of the fact that the amount of damage was considerable, but did not reach an agreement with the victim or recover from damage, and that the Defendant was suspended from the execution on July 14, 2013.