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(영문) 인천지방법원 2018.08.23 2018고단1672

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 20, 2016, the Defendant received KRW 11,00,000,000,000 from the injured party, in the course of concluding a sales contract with the injured party D and BMW X5 on a high-class vehicle, and proposed that the victim can not return the above pre-paid vehicle due to the defect of the above vehicle, and that the victim cannot return the pre-paid vehicle because of the pre-paid defect. The Defendant displayed the defective victim, “If the victim would be able to pay the highest grade of KV300, the victim would be able to pay the pre-paid vehicle.”

KV300 makes a false statement that the vehicle price is KRW 32 million, and the registration fee is KRW 2 million.

However, in fact, the vehicle of the above mother expense was lower than the KSV300 grade, QV300, and did not notify the victim of the fact.

At around 21:30 on the same day, the Defendant received money of KRW 34 million from the damaged party to the company bank account in the name of F in the name of the purchase price and registration fee for the above used vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made by the prosecution with regard to D;

1. Recording notes;

1. A certificate of transfer of each motor vehicle, a summary statement, and a statement on the transactions of automatically entering and withdrawing cash;

1. Application of Acts and subordinate statutes after capturing a mobile phone screen;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] In the mitigated area (one month to one year) of the type 1 of the general fraud [the victim] [the victim] has considerable responsibility for the occurrence of a crime or the expansion of damage (the decision of sentencing], but the victim did not have been agreed upon (the decision of sentencing) but there was a clear indication on the back of the vehicle, so the victim's negligence not confirmed is also significant, and the defendant's suspended sentence of execution is the same as the defendant.