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(영문) 서울남부지방법원 2015.12.11 2015고단4758
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a heavy and high-speedr who mediates the sale and purchase of used cars.

At around 12:00 on September 8, 2015, the Defendant made a false statement to the victim C, stating that “A victim C has a humbrid vehicle (D) that is in accordance with the conditions desired by a gbbbbbbbing, which is in conformity with the requirements desired by a gbbingr. When making a contract and paying a vehicle, the Defendant would simultaneously pay the balance and transfer the vehicle.”

However, since the defendant thought that he would use the vehicle price as Internet gambling money, even if he receives the vehicle price from the victim, he did not have the intention or ability to deliver the vehicle to the victim.

Nevertheless, the Defendant received 3 million won as the down payment on September 11, 2015 from the victim, and 28,898,000 won as the remainder of the vehicle around September 18, 2015 from the victim to the account under the name of the Defendant.

Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 31,898,00 as vehicle price twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Certificate of automobile transfer;

1. Automobile registration certificate;

1. Records of performance and condition inspection of used cars;

1. Automobile insurance certificate;

1. Inquiry into the details of account transactions (as of January 1, 2015 - September 21, 2015);

1. Application of investigation reports (report attached to details of transactions in suspect accounts, etc.), details of transactions in deposit and withdrawal, and details of transfer Acts and subordinate statutes;

1. Article 374(1) of the Criminal Act applicable to the crime, Article 374(1) of the Criminal Act of the choice of the punishment, the reason for sentencing of the sentence of imprisonment [the scope of recommendation] general fraud and the reason for sentencing of the sentence [the scope of punishment] that there is no basic area (6 months to one year and six months) [the person who is a special person] [the decision] [the decision of sentence] obtained a lot of money by deceiving a lot of money by a defendant, making it scambling it in gambling, and not at all

Punishment shall be determined as per the disposition, in consideration of various sentencing conditions, such as the age, character and conduct, environment and circumstances after crimes.

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