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(영문) 의정부지방법원 2017.08.30 2016고단2467

사기

Text

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

Reasons

Punishment of the crime

On April 28, 2011, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on July 14, 201. On April 26, 2012, the Seoul Southern District Court sentenced four months of imprisonment for fraud at the Seoul Southern District Court, which became final and conclusive on July 4, 2012. On September 16, 2013, the Defendant completed the execution of the sentence at the female prison on September 16, 2013. On November 20, 2015, the Seoul Southern District Court was sentenced to four months of imprisonment for fraud, etc., two years of suspended execution, and five million won of fine, and became final and conclusive on November 22, 2016.

1. On May 21, 2014, the Defendant, at the office D office of the Defendant’s management company with C4th floor located in Dong Government-si, and even if having received money from the victim E for the purchase of vehicles, the Defendant, despite having no intent or ability to purchase a vehicle with an individual cargo transport number plate attached to the victim, saying, “The Defendant would make the Defendant take over the vehicle with five tons of five tons of the FF company with an food holdt in 2004, and would make the Defendant take over the vehicle.” The Defendant, on May 21, 2014, received 1810,000 won from the victim’s G bank account (H account number) under the name of the Defendant (H) from the victim.

2. On July 16, 2015, the Defendant: (a) received money from the victim I for the purchase of a vehicle, and (b) received money from the victim I for the purchase of the vehicle; (c) the Defendant, despite having no intent or ability to purchase the vehicle, did not have the intent or ability to purchase the vehicle; (d) made a false statement to the victim that “it is possible to have the vehicle higher than the market price of the high-priced imported vehicle recovered through the vehicle lease; and (e) made a loan as a collateral for the vehicle; and (e) obtained a down payment of KRW 4.5 million from the victim to the said G bank account on July 16, 2015.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to E and I;

1. The details of each complaint, conversation, and remittance;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment of criminal records of the suspect), previous convictions in disposition, results of confirmation, and search records of the Supreme Court-B case;