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(영문) 인천지방법원 2016.06.23 2016고단1168

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 13, 2011, the Defendant would pay rent of KRW 100,000 on the 13th day of each month to the victim's house parking lot of 102, Nam-gu, Incheon Metropolitan City apartment house B around 18:00.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, at the time of fact, the defendant was liable for 50 million won, there was no special revenue and property, and there was no intention or ability to pay rent even if he received a car from the injured party.

The Defendant, as seen above, was issued to the victim with Ecuas car equivalent to KRW 30 million at the market price by deceiving the victim and reliance on this deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint;

1. Application of contracts, written applications for the data processing of collection and delivery vehicles, and laws and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The crime of this case, which was committed by deceiving a victim of the sentencing reason under Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on the Observation, etc. of Protection, etc., and received delivery of a coos vehicle in the form of lease, and disposed of to a third party for economic benefits, is not less than the nature of the crime in light of the motive for the crime of this case and the method of the crime, but the defendant did not have the same criminal history, and the defendant sold the coos vehicle to the victim who was

The purpose of this case is to mediate the transaction of selling Cub vehicles, but if the Cub vehicle was not sold easily, the damaged vehicle paid the monthly rent to the lessee and leased the Cub vehicle to the third party at that time, and the economic situation at that time took 4 million won from the third party to the third party and provided the Cub vehicle to the third party as security, and the defendant constitutes the crime of this case after the crime of this case.