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(영문) 수원지방법원 2017.03.13 2016고단4062

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 10:00 on February 24, 2016, the Defendant listened to the speech that he had been aware of the fact that he had not been aware of the fact that he had not been able to receive the purchase price of a motor vehicle from the name in order to receive the purchase price of the motor vehicle from the name in the name in the name in the name in the name in the name in the name in the name in the name in order to receive the purchase price of the motor vehicle. While recognizing that the request of the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the form of the crime, the Defendant

Accordingly, on February 24, 2016, at the end of 10:10 on February 24, 2016, the person in whose name the victim had contacted the victim D and misrepresented the vehicle capital staff to notify the defendant of the vehicle purchase price and the account number of the defendant was changed, and the victim transferred 16 million won to the defendant's account in terms of the purchase price of the vehicle on the same day.

On the same day, the defendant has withdrawn 16 million won from a branch of a national bank located in Ansan-si, Asan-si on the same day and received 200,000 won at the expense and delivered the remaining money to the party who has no name.

Accordingly, the Defendant, in collusion with a name-free winner, acquired 16 million won as the sales price of the vehicle by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions of entering and withdrawing, and details of transactions of entering and withdrawing;

1. Application of a copy of motor vehicle registration certificate (E) statute;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] General Frauds No. 1 (within KRW 100 million) (from June to one year and six months) [the person subject to special sentencing] [the sentence] unfavorable circumstances: the defendant took part in the criminal conduct of licensing highly harmful to society, and the defendant took part in the criminal conduct of mere participation in the criminal conduct, but in light of the role of the defendant.