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(영문) 울산지방법원 2019.10.11 2019고단1237

사기

Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On December 28, 2012, the Defendant was sentenced to a suspended sentence of three years for a crime of fraud at the Ulsan District Court on one year and six months, and the said judgment became final and conclusive on January 5, 2013.

【Criminal Facts】

On October 2009, the Defendant made a false statement to the victim B, stating, “The credit condition of the good business item is not good, so it is a defect in the business registration in the future of the grix and the supply of parts to the C company. In order to conduct a business, a high-class car is required.”

However, in fact, the Defendant was planning to borrow money from high-class automobiles as collateral, and even if the vehicle is delivered from the victim, there was no intention or ability to use it for the business of delivering the automobile parts.

Around October 27, 2009, the Defendant, by deceiving the victim as above, was delivered a DNA car equivalent to KRW 13 million at the market price owned by the victim to the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The register of automobiles, detailed statement of transaction of sold bonds, and certificate of closure;

1. A notice demanding the payment of fines for negligence, a notice demanding the payment of fines for negligence, an integrated guidance for traffic fines, details of traffic fines in arrears, and a detailed statement of unpaid fines for negligence;

1. Previous convictions: Criminal records, investigation reports (Attachment to attached records, etc. of the same kind of judgment), copies of written judgments, and application of relevant statutes of the list of cases;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The reason for sentencing of Article 62-2 of the Probation Criminal Act is based on the following: (a) the nature of the crime and the fact that the crime is not good; (b) the value of the vehicle acquired through the crime in this case reaches KRW 13 million; and (c) the defendant at the time.