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(영문) 대전지방법원 2012.12.26 2012고단1767 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On the Internet, the defendant reported a "new loan Alba" advertisement and released the victim C, the agent of B, under the name of the defendant, and received 1.5 million won as a fee on the condition that the vehicle transfer documents, etc. are delivered to the victim along with the vehicle transfer documents, etc.

On March 21, 2012, the facts in the Eca shop located in Seo-gu Daejeon on March 14:23, 2012 are the preceding day.

3. On 20. 20. Hyundai Motor Vehicle Gama branch's business operator's business operator's notification that he/she rejected the shipment of the Lone Star shop's application, but it is false as if the delivery was made in a normal manner, and as if he/she had telephone conversations with the Hyundai Motor Vehicle Business Operator and the delivery schedule, he/she deposited the vehicle price, which caused the victim to have been released, and deceiving the victim to receive 2,5920,000 won from the victim to the Han Bank's account under the name of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Acquisition by transfer of a motor vehicle, a copy of a certificate of personal seal impression, and application of Acts and subordinate statutes to a copy of a sales contract of a motor vehicle;

1. According to the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, and the sentencing guidelines for sentencing of imprisonment, the recommended sentence against the defendant is between six months of imprisonment and one year and six months of imprisonment.

However, considering the fact that the victim is planned and the payment of damage is not a considerable part of the punishment, it is difficult to exempt the victim from the punishment.

However, considering the fact that the defendant has faithfully attended the trial, that it is not likely to escape in the future, and that it seems necessary to provide the victim with an opportunity to recover additional damage.