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(영문) 서울남부지방법원 2015.04.06 2014고단5205
사기
Text

A defendant shall be punished by imprisonment for four 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

1. On September 10, 2014, the Defendant: (a) at the D office located in Dongjak-gu Seoul Metropolitan Government, the victim E, the representative director of the DD company, the Defendant offered that the victim E, who is a corporation, sell the Fent Pins in KRW 10,00,000.

However, even if the Defendant received the sales proceeds of a low-priced vehicle from the victim, it was thought that the Defendant would purchase a bee cruise vehicle by adding the sales proceeds of the above low-priced vehicle to the money received from the victim and the money received from the victim.

Nevertheless, the Defendant deceiving the victim as such, and received KRW 5,00,500 from the victim on September 13, 2014, and KRW 5,074,210 on September 15, 201, in total, KRW 10,074,710 on the ground of the above high-priced vehicle price, and received KRW 5,074,710 from the victim.

2. Around September 29, 2014, the Defendant: “Around September 29, 2014, at the same place as Paragraph 1, the Defendant issued that the said victim “it is necessary to pay KRW 1,000,000 to the registration fee of a Vietnam-style cruise vehicle, and if the transfer is made, it would immediately transfer the F-style vehicle

However, even if the defendant received KRW 1,00,000,00 from the victim while he/she transferred a high-priced vehicle to another person on September 22, 2014, he/she did not intend to transfer the above high-est vehicle to the victim.

Nevertheless, the Defendant deceivings the victim as such, and received 1,000,000 won from the victim as the registration fee for vehicles on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the amount of damage has been repaid and the victim does not want the punishment of the defendant);

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