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(영문) 인천지방법원 2017.06.23 2016고단3411

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On February 19, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and the execution of the sentence was terminated on August 10, 2014.

[Criminal facts] The defendant is a person who operated a logistics company.

On March 2015, the Defendant made a false statement to the victim B, “The Defendant provided the victim B with the vehicle to be employed in the food materials supply company C, which is a food materials supply company.”

However, even if the defendant was provided with the vehicle from the injured party, he did not have the intention or ability to find employment with the company.

Nevertheless, on March 23, 2015, the Defendant: (a) by deceiving the victim; (b) provided the victim with the 10,000,000 won of the market price at the point south of Korea in Han-gu, Yongsan-gu, Seoul, the first floor of the 76 Hannam Building; and (c) on May 4, 2015, by being provided with the E-learning vehicle equivalent to KRW 9,000,000,000 at the market price at the above place; and (d) received two parts of the Moning vehicle equivalent to KRW 19,000,000 from the market price and received the same financial benefits.

Summary of Evidence

1. A protocol concerning the examination of suspect of the police against the accused (two times and replacement);

1. Statement made by the police against B;

1. Debt certificates, each motor vehicle registration ledger (D, E);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes [Article 35 appears to have been prosecuted for concurrent crimes; however, the unity of a criminal intent and the identity of a method of committing a crime is recognized, such crime shall be deemed a single comprehensive crime]

Reasons for sentencing

1. Scope of the recommended punishment in accordance with the sentencing guidelines [type determination] - Type 1 (under KRW 100,00) (under KRW 100) (special sentencing factors) - Where punishment is not imposed or considerable damage is recovered: Aggravationd repeated crimes (decisions on the territory of recommendation).