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(영문) 대구지방법원 서부지원 2019.01.22 2018고단2513
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 5, 2018, the Defendant was sentenced to imprisonment with prison labor for one year for fraud, etc. at the Daegu District Court (2017dan3723, etc.) and was sentenced to a suspended sentence on July 13, 2018.

The defendant was aware of the victim C through B in connection with vehicle trade.

On November 2016, 2016, the Defendant made a false statement to the effect that “In spite of the absence of the intent or ability to transfer the ownership of the vehicle to the victim even if he/she did not own a vehicle or own a vehicle legally to sell it, the Defendant would sell the vehicle to the victim at a price lower than the market price by seizing the vehicle of the person who has repaid money to him/her.”

Around November 30, 2016, the Defendant continued to make a false statement to the victim “BM M5 vehicle is located in Jung-gu, Daegu. The price of the vehicle involved in the accident is high, and proceeds from back to back.” On the same day, the Defendant received KRW 20 million from the victim as the vehicle price for the vehicle from the victim, and received KRW 223,768,000 from around the same day to February 12, 2017, as shown in the list of crimes in the attached Table from around 11 to around 12, 2017.

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

Summary of Evidence

1. Defendant's legal statement;

1. Part of the statement made by C in the prosecutor's office and police interrogation protocol of the accused;

1. C Public prosecutor's office and police statement;

1. C Complaints;

1. The notarial deed of a monetary loan for consumption, loan certificate, certificate of personal seal impression, certificate of transfer certificate, etc., details of passbooks, etc., fact-finding certificate, family relation certificate, F contents, vehicle lease contract, vehicle interest list, and vehicle interest list;

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