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(영문) 인천지방법원 2018.07.20 2018고정1080

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 11, 2017, the Defendant posted a false advertisement to sell a passenger car of 3,750,000 U.S. to “B” on the Internet’s medium- and high-speed sales site, and was only around 5,750,000 MP hub around 11:00.

Since then, the defendant recommended the victim to purchase the above vehicle for the victim's use of the vehicle for four years, which is a vehicle for the same type of the E-U.S. car, the defendant's use of the vehicle for the victim's use of the vehicle for the four years, and the purchase of the E-U.S. vehicle for the E-U.S. vehicle was 28.1 million won for the victim.

Ultimately, the Defendant: (a) by deceiving the victim as above; (b) obtained a total of KRW 28,100,000,000 from the victim to the National Bank account in F’s name; and (c) received a cash payment of KRW 4.2 million; and (b) obtained pecuniary benefits equivalent to KRW 12,220,000,000,000,000,000,000 from the victim of the said E’s car transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes on the electronic inquiry screen of vehicles in this case, such as photographs, automobile transfer certificates, certificates of transfer verification (F), automatic deposit, cash deposit statement of withdrawal, statement of transaction during withdrawal, and electronic inquiry screen of vehicles with the closure of the B site;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the defendant sought a preference on the ground that most of the death amounts have brought about most of the benefits. However, the defendant's responsibility of having the victim go in person with face-to-face deception, and having the victim pay the money, is not sufficient.

The amount of damage also is reasonable as 12.2 million won.

However, in the process of deceiving the value of the vehicle, there is no material that has been written actively in the process of deceiving the value of the vehicle, and considering the fact that the profits acquired by the defendant among the damaged amount seems to be part of the profits acquired by the defendant, the same sentence as