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(영문) 인천지방법원 2014.12.24 2014고단6414
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On May 15, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. in the Daegu District Court Kimcheon Branch, which was sentenced to 10 months of suspension of execution and two years of suspension of execution, and the judgment became final and conclusive on May 23, 2013. On December 16, 2013, the Incheon District Court was sentenced to 1 year and six months of imprisonment with prison labor for fraud, etc. at the Incheon District Court, and the judgment became final and conclusive on April 12, 2014,

1. The Defendant did not have any property and did not have any intent or ability to pay the installment even if the Defendant purchased a passenger car in the name of the victim with no certain income.

Nevertheless, on September 21, 2012, the Defendant concluded that “it is difficult for the Defendant to operate his/her business with the He/she's license plate as a vehicle, and the Defendant would pay the principal and interest to the Defendant on the face of the purchase of the Macs car under the name of the Party” at the social office in Suwon-si, Suwon-si, and that it would be subject to 36 months of the loan period and the equal repayment of principal and interest for the 45 million won as a condition to the victim to purchase the Macs car under the name of the Party.” The Defendant acquired the Macs car as a delivery of the 45 million won car at the market price.

2. The Defendant did not have any property and did not have any intent or ability to pay installments and fees even if he opens a mobile phone in the name of the victim due to the lack of certain income.

Nevertheless, on September 21, 2012, the Defendant, at the F office located in Sanyang-gu E, Ansan-si, stating that “The Defendant would normally pay the cell phone installments and charges in the opening of the cell phone in the name of the party,” and had the victim open the cell phone in the form of “G”, thereby having the victim open the cell phone in the form of “G”, thereby having the victim obtain pecuniary benefits equivalent to the sum of KRW 2,353,178, the sum of KRW 497,28, and KRW 1,85,890, and KRW 1,85,890.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C and H’s legal statement 1.

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