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(영문) 의정부지방법원 고양지원 2017.02.02 2016고단1360

사기

Text

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

Reasons

Punishment of the crime

The Defendant is a person who was in school with the victim E (the age of 57) and marriage from April 2014, as a used vehicle dealer of Gangseo-gu Seoul Metropolitan Government's used vehicle trading company "D", and was in school with the victim E (the age of 57).

On April 21, 2014, the Defendant: (a) purchased a vehicle from the “G” restaurant located in Gyeyang-gu, Seoyang-gu; and (b) purchased that vehicle within one week, thereby selling it against the profit.

The term "the lending of money to another person" was false.

However, in fact, the Defendant was not required to arrange the purchase price of a vehicle by the method of buying and selling the above benz vehicle by entrustment from its owner, and even if there was no intention or ability to pay the profit to the victim even if there was a profit by the intermediation of sale of benz vehicle.

The defendant obtained 33,500,000 won from the injured party for the purchase of benz vehicles, and acquired it by fraud.

In addition, from the above day to July 3, 2015, the Defendant received a total of 83,686,369 won from the injured party, such as the list of crimes in the annexed sheet, or obtained a total of 11 times, by deceiving the injured party to repay his/her debt on behalf of himself/herself, and acquired property and pecuniary profits.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H and I;

1. Each certificate of transfer confirmation, each inquiry of transaction details, and application of laws and regulations on bank accounts (A);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The crime of this case on the grounds of sentencing selective punishment of imprisonment with prison labor is currently the defendant, taking into account the following: (a) the crime of this case maintains the relationship with the victim by taking advantage of the defendant's marriage, and obtains money through several times for a considerable period of time; (b) the crime of this case is not good; (c) the amount of damage is considerable; (d) only KRW 20 million out of the amount of damage was deposited; (e) the victim was shoting the defendant's severe punishment; and (e) the defendant