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(영문) 전주지방법원 2019.09.26 2018고단2322

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 27, 2018, the Defendant made a false statement that “The Defendant would purchase a heavy freight vehicle, receive a loan from the victim as security, deposit the purchase price of the vehicle to the borrower, and process all matters, such as the business license plate and insurance premium.”

However, the defendant did not have the intention or ability to make the victim registered after purchasing a heavy cargo vehicle.

As such, on July 31, 2018, the Defendant, by deceiving the victim, received 101,925,000 won from the F Co., Ltd. under the name of the victim E, his/her birth, from the victim, to the I Association account in the name of H, a child of the Defendant living together.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a motor vehicle registration certificate, transfer certificate, investigation report (to be accompanied by a written confirmation of details of transactions of entry and departure), investigative report (to be accompanied by a written confirmation of details of transactions of entry and departure), written confirmation of details of entry and departure transactions, investigation report (to be accompanied by vehicle details), investigation report (to be accompanied by comprehensive details of vehicles),

1. The Defendant, with the reason of sentencing under Article 347(1) of the Criminal Act regarding the crime of this case, is against the confession as to the crime of this case.

There was no agreement with the victim at all.

Other circumstances that form the conditions for sentencing as shown in the records, such as the age, character and conduct, family relationship, motive and degree of damage of the defendant, and circumstances after the crime.