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Reasons
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(영문) 서울남부지방법원 2016.12.09 2016고단4661
사기등
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A defendant shall be punished by imprisonment for a term of one year and four months.

All applications filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. Around March 18, 2015, the Defendant made a false statement to the victim D that “A used vehicle will be purchased on behalf of the owner of the vehicle, which is a used vehicle in the F used vehicle E in Bupyeong-si.”

However, even if the defendant received the purchase price of the vehicle from the above victim, he did not have the intention or ability to purchase the used vehicle.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 4,800,000 from the victim, and from that time, acquired KRW 58,019,462 from August 28, 2016 against the nine victims, such as the statement No. 1 to 9 of the List of Crimes, from August 28, 2016.

2. Around May 11, 2015, the Defendant embezzled two vehicles worth KRW 19,280,000, an aggregate of the two victims, as indicated in [Attachment List 3-4] from June 2016, when he/she kept the said vehicle for the victim upon request of the victim H to keep the I-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement on C, D, H, K, L, M, N,O, and P;

1. An investigation report, a criminal investigation report, a data submission of data, a criminal investigation report, a criminal investigation report (additional data submission of RR), a criminal investigation report (non-case S telephone conversations), a criminal investigation report, a criminal investigation report, and a criminal investigation report; and a criminal investigation report;

1. Certificates of deposit transaction (CF), a deposit transaction statement (CF), a disbursement statement, a Handphone, a deposit transaction statement, a deposit transaction statement, a deposit transaction statement (D), a certificate of transfer, a certificate of cancellation, a certificate of cancellation, a ledger certificate, an application form, a register of vehicle register, a deposit transaction statement, and an electronic financial account statement;

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