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(영문) 인천지방법원 2021.01.07 2020고단7328
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a mid- and mid-term with the mutual recognition of “C” in the middle and high-income trading complex B located in Seo-gu Incheon, Seo-gu.

The Defendant posted an advertisement to the effect that the Defendant, through an advertising agency, sells a car with a 8 million won in the collection of “a car with a false sample” that does not exist actually through the advertising agency, and that the victim D wishes to purchase the car around June 6, 2020.

On the same day, it is better to purchase other vehicles because the vehicle price of the victim is low, but there is a big defect in performance while introducing the victim under the name of "E" in the trading complex of the Seo-gu Incheon Seo-gu B, Incheon Metropolitan City.

At the same time, the F Kaman is shown to show that the vehicle is owned by our company, and the vehicle price is 27.5 million won including incidental expenses, and the vehicle price is paid to the company.

“The phrase “ was false.”

However, in fact, the above Carn's bid price was limited to KRW 11,50,000,000,000,000 owned by the company G, and the defendant was thought to receive brokerage fees for approximately KRW 14,80,000,00,000,000,000,000.

Around June 8, 2020, the defendant had the victim apply for installment transactions on the same day, and received 27,500,000 won from the injured party as the purchase price for the vehicle from the victim and acquired it by fraud.

Summary of Evidence

1. Application of Acts and subordinate statutes to inquire about the details of deposit transactions by the police report on the statement made by the defendant in the statement made by the defendant D in the court (the determination of the prices and incidental expenses of the

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [type 1] The general fraud [type 1] below 100 million won (special sentencing factors] is to be mitigated: the scope of the recommended punishment according to the sentencing guidelines or significant damage has been recovered (the recommended area).

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