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(영문) 춘천지방법원 원주지원 2016.07.14 2016고정173
사기
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant was sentenced to two years of imprisonment and one year and six months of imprisonment in the Incheon District Court on April 17, 2014, and the judgment became final and conclusive on September 1, 2014.

On October 20, 2012, the Defendant would purchase a high-quality HG vehicle with a high-quality amounting to KRW 35 million on the face of 15 million from the victim D through a mid-term ladler C, which is a heavy trading in an influent place.

On the other hand, it will be replaced with a general vehicle later.

“A false representation was made.”

However, even if the defendant receives KRW 15 million from the injured party, he did not have the intention or ability to purchase the franchise vehicle and deliver it to the injured party.

Around October 20, 2012, the Defendant: (a) by deceiving the victim; (b) transferred KRW 2 million to the former bank account in the name of the Defendant’s wife E through C via around October 20, 2012; (c) received KRW 3 million in cash via C around October 24, 2012; and (d) received KRW 15 million from the Defendant’s former bank account in the name of his wife E through F around October 24, 2012.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to D or C;

1. A written loan agreement and a detailed statement of passbook transaction;

1. Records of the judgment: The application of a reply to inquiries, such as criminal history, reports on the results of the investigation before and after the previous conviction of the disposition, and inquiries about the current status of acceptance by each individual;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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