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(영문) 대구지방법원 2018.07.05 2018고단730
사기
Text

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

Reasons

Punishment of the crime

1. The Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court on January 9, 2014 and completed the execution of the sentence in the Daegu Prison on July 8, 2014.

2. On November 7, 2014, the Defendant is a household business operator who entered F in the distribution complex in the office of the Daegu North-gu Office of the Dispute Resolution Co., Ltd. to which the Defendant entered F in the distribution complex.

On the face of a sirenn, the vehicle was prepared to be deposited as the money is prepared.

However, at the time of fact, the defendant was not a household operator who entered F with debt of 20 million won and was not a household operator who entered F, and was paid a fixed class of 50,000 won at a furniture discount and did not have the intention or ability to pay the cost by sirening the vehicle from the victim.

As above, the Defendant: (a) deceiving the victim; and (b) from November 7, 2014 to June 1, 2016, the Defendant concealed the G K5 vehicles from the victim; and (c) did not pay KRW 32,685,000 as the price.

Accordingly, the Defendant had taken property benefits by deceiving the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police with regard to D;

1. A motor vehicle lease contract, etc., a letter of payment, a certificate of cash custody, etc.;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the attachment of criminal records to the same kind of court rulings and confirmation of the date of release);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the aggravated area (one year to two years) (one year and six months), and the repeated offense of the same kind;

2. Circumstances unfavorable to the determination of sentence: The defendant does not know even though he is a repeated offender due to the same crime, and at the same time commits the crime of this case. The amount of damage is not significant, but actually repaid by the defendant.

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