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(영문) 인천지방법원 부천지원 2016.03.03 2016고정133
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is on duty with a heavy and conjectr from the “C” in Bupyeong-si, Nowon-gu, Seoul Special Metropolitan City.

On November 5, 2015, the Defendant sent a false statement to the victim D, who visited in order to search for an online heavy-line vehicle B B in Bupyeong-gu, Seocheon-gu, Seoul, and to purchase an online-line sports vehicle, stating that “If the Defendant pays KRW 14 million and the registration fee of KRW 1630,000,000,000,000,000,000 won are paid, the Defendant would move the vehicle.”

However, it is true that the defendant, after receiving the vehicle price from the injured party, demanded money under the name of the auction vehicle, to pay more the price, or attempted to sell the vehicle into another vehicle with a large profit by inducing the destruction of the contract by consumer change, and there was no intention or ability to transfer the vehicle in the above 14 million won even if he/she receives the vehicle price from the injured party.

On November 5, 2015, the Defendant received KRW 1,40,000 from the injured party as down payment for a vehicle on or around November 5, 2015, and received KRW 1,50,030,000 in total, under the name of the remaining vehicle price and registration fee, etc. on or around November 6, 2015.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on deposit receipts;

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;

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

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

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