beta
(영문) 대전지방법원 천안지원 2016.10.21 2016고단891

사기

Text

The punishment of the accused shall be three months by imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2015, at the victim F (Representative G) office located in Gangnam-gu Seoul, Seoul, the Defendant made a false statement to the effect that “The Defendant would return the vehicle upon the expiration of the siren period.” The Defendant made a false statement to the effect that “The Defendant would return the vehicle upon the expiration of the siren period.”

However, even if the defendant turns one motor vehicle from the victim, he did not think that the vehicle will be transferred to H, the creditor of the defendant, as a security, even if the defendant moves the vehicle to the victim, the defendant would not have any intention or ability to return the vehicle upon the expiration of the siren period.

The Defendant, by deceiving the victim company as above, received 1,4650,000 won of the market price from the victim company, i.e., the victim company, and transferred the above vehicle to H, the creditor of the Defendant, by taking over the above vehicle as security.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A copy of lease contract and a copy of registration certificate (I) [the crime of this case does not constitute coercion under Article 12 of the Criminal Act in light of the circumstances leading to the crime of this case, the process leading to the involvement of H in the crime, the degree of pressure inflicted on the defendant, the defendant's resistance or defense possibility at the time, etc.]

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [Determination of Type] General Fraud (less than KRW 100,00) [Determination of the recommended territory] Basic Field [Scope of Recommendation] from June to January 1, 200] - Unagreement / positive: The scale of substantial damage is significant.