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(영문) 창원지방법원 2019.01.30 2018고단2555
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 19, 2018, the Defendant posted a notice to the effect that he/she would access the Defendant’s residence to the Internet “C” website using a smartphone and sell the DK7 vehicles owned by the Defendant, and that he/she would sell the said vehicle at KRW 18 million by asking the victim E about the repair history, etc. of the said vehicle.

However, the above vehicle has the ability to exchange the front and rear 4, penter, main ducts, wheel chairs panel, etc., and on September 19, 2017, the Defendant was notified that the above vehicle was an accident that caused the replacement of 4 front and rear penter, penter, wheeler, pen panel, etc. from Durler F with the purchase of the above vehicle on September 19, 2017. The Defendant was also aware of the fact that he signed the Defendant on the inspection record of the performance status of the used vehicle indicating the replacement capacity of the relevant part, and received it and received it on the above part of the vehicle.

Nevertheless, the Defendant made a false statement as above to sell the above vehicle to the victim and the above vehicle in KRW 18 million. On the same day, the Defendant delivered the above vehicle to the consignee who sent the victim, and acquired it by transfer from the victim to the Agricultural Cooperative Account (Serial: G) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Details of H, details of deposits, etc.;

1. Automobile register;

1. Application of Acts and subordinate statutes to a performance status register of used cars (Evidence records of not more than 53 pages); and

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is that the defendant has a depthed and reflected his mistake, there are some circumstances to consider the motive and circumstance leading to the instant crime, and the defendant has been sentenced to a fine several times.

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