beta
(영문) 인천지방법원 2018.05.23 2018고단197

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a mid- and long-term with D High Vehicle Trading Complex in Seo-gu Incheon, Seo-gu.

On July 17, 2014, the Defendant would lend the purchase price of a low-priced vehicle to the victim E in the middle and high-end trading complex around July 17, 2014, and return half of the profits accrued from the sale of the vehicle to the victim E.

The phrase “ makes a false statement.”

However, in fact, the defendant was bad credit holder, and the defendant used the second and second purchase price received from the injured party for the repayment of personal debt incurred in connection with the third and second businesses of the defendant, and is doing so in the form of a prompt return, and there was no intention or ability to pay half of the profits with the principal repaid to the victim.

The Defendant received KRW 14 million from the injured party on the same day as the agricultural bank account in the name of F in the name of the former wife, and received KRW 229,200,000 from July 17, 2014 to December 15, 2014, a total of 10,000 won from the following method, as stated in the list of crimes, as in the attached list of crimes, was deposited into the said agricultural bank account.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Part concerning E-statements of the second prosecutorial examination protocol against the defendant

1. Report on investigation (Details of telephone conversations between persons who have received damage money);

1. One copy of a statement of transactions in the name of the Agricultural Cooperative;

1. Application of Acts and subordinate statutes on the loan certificate;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) on the grounds of sentencing;

1. The basic area (one to four years) (one year) of the sentencing criteria [the scope of the recommended punishment] and the basic area (the amount shall be not less than 100 million won, and less than 500 million won) of the general fraud; and

2. The accused makes a confession of sentence;

However, the total amount of damage is 200,000,000 won and the damage is not recovered.

In addition, the defendant is a large amount of money from other people as well as the victim.