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(영문) 인천지방법원 2014.11.27 2014고단5955
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 13, 2014, around 14:00, the Defendant made a false statement to the victim E at the D office located in the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu C2, Seocheon-gu, 2014, stating that “The Defendant would purchase F 2010 windsom 2.0 bitom 2.0 million won in an amount of KRW 13 million. The Defendant would pay KRW 4 million in the form of the down payment for the gold day and pay KRW 9 million in the remainder of the day.”

However, in fact, the Defendant did not intend to purchase the above vehicle in KRW 13 million, and once received from the victim a seal on the automobile sales contract stating that the above vehicle sales amount was KRW 4 million, and then made a false assertion that the above vehicle sales contract was concluded at KRW 4 million with the victim later.

The defendant received from the victim the above vehicle at the market price of KRW 13 million, which is the victim's possession at the above date.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of witness E;

1. E prosecutorial statement;

1. Each police statement of E and G;

1. A complaint;

1. Investigation report (Submission of a complainant, a secondhand market price list and a recording record);

1. Investigation report (to have telephone conversations of witness H);

1. Investigation report (to make international telephone communications for witnesses);

1. Investigation report ( telephone conversations between persons for reference and J);

1. Investigation report (referring to K for reference and telephone communications);

1. Investigation report (to hear and report the statement of the H phone call of a reference witness);

1. Notification of materials for investigation cooperation;

1. Application of Acts and subordinate statutes to certificates of vehicle tax assessment;

1. The Defendant and the defense counsel asserted that the pertinent provision of the relevant criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the Defendant and the defense counsel did not deceiving the victim as stated in the judgment of the Defendant, and that the Defendant and the defense counsel entered into a sales contract with the victim for the vehicle of 2010 windsle 2.0 billion won (hereinafter “instant vehicle”) as indicated in the ordinary judgment with the victim.

In other words, the following circumstances, which can be recognized by the evidence above, are the same.

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