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(영문) 의정부지방법원 2014.03.13 2014고정193

사기미수

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and on February 21, 2014, the judgment became final and conclusive.

On May 22, 2012, the Defendant: (a) conspiredd with the Lenda Company to import high-priced vehicles from the Lenda Company to dispose of them to others; (b) the Defendant called “D” located in Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul; and (c) made a false statement to the victim E, who is the head of the business division, “Istt Company and Istts E300 vehicles in order to see the progress of the executives of the Company.”

However, the defendant and B thought that they would sell the vehicle to others, as above, and even if they lease the vehicle, they did not have the intention or ability to return it.

The defendant and B found the above "D" on the same day, and tried to receive one vehicle of 40 million won benz E300 won at the market price from the victim, and the suspected victim did not enter into a contract but failed to make a report to the police.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of F in a police suspect interrogation protocol;

1. Statement of the police statement regarding E;

1. Statement in a criminal investigation report;

1. Previous convictions in judgment: Application of this case of this court and the results of search of court rulings;

1. Relevant provisions of the Criminal Act and Articles 352, 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;