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(영문) 수원지방법원 2014.01.22 2013고단1071

사기

Text

A defendant shall be punished by imprisonment for six 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 January 28, 2012, the Defendant stated that, at the office of the truck transportation broker (ju) C office of the truck shipping company (ju) operated by the Defendant, which had been located in Suwon-si, Suwon-si, Suwon-si, the Defendant purchased the number plate of KRW 13 million from the company in which he knows, and KRW 3 million from the registration-related expenses, to purchase the number plate of the freight vehicle, and to impose revenue of KRW 4 million from the vehicle to the convenience store by purchasing the number plate of the freight vehicle at the low price.

However, even if the Defendant received money from the victim under the above name, it was thought that the Defendant leased the business license plate of the cargo vehicle as part of the money and arbitrarily consumed the remainder for personal use, and there was no intention or ability to purchase the business license plate of the cargo vehicle to the victim.

Accordingly, on February 1, 2012, the Defendant received 16 million won from the victim to the corporate bank account in the name of the Defendant.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on the police statement of D and the detailed statement of passbook transactions;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into account the fact that there is no criminal history of the same kind of crime, the fact that there is no record of punishment heavier than the fine, and the amount of