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(영문) 인천지방법원 2019.06.20 2019고단1541

사기

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2018, the Defendant made a false statement to the victim B by phone call from the Young-gu, Young-gu, Young-si to the victim B, and to cancel the mortgage created on the said NAS car and transfer ownership of the said NAS car upon deposit of KRW 22.7 million.

In fact, the defendant thought that he will use it for gambling with the victim's KRW 2.7 million, but did not intend to cancel the registration of mortgage established in the NAS car and to transfer the vehicle.

On February 28, 2018, the Defendant, by deceiving the victim as above, received 22.7 million won from the national bank account (E) in the name of the Defendant’s wife in the name of the Defendant’s wife as the vehicle price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to victims;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It shall be decided as ordered on the grounds of suspended execution of not less than Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da11488