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(영문) 수원지방법원 평택지원 2012.06.15 2010고단1008
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On May 8, 2007, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Suwon District Court on May 8, 2007 and was released on May 9, 2008 and the parole period passed on July 9, 2008.

1. Around September 1, 2008, the Defendant committed the crime: (a) around September 1, 2008, at the office of the C office located in Young-si Co., Ltd. located in the wife population B; (b) as if he had re-refluence, the Defendant committed the crime with the victim E working at the modern automobile D office as if he had re-fluence; and (c) “The full amount of the face value of cash is paid in cash after one week.”

However, the defendant did not have any special import in a long period of time as stated in the above criminal records, and there was no intention or ability to pay the price normally even if the defendant purchased the vehicle from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received a delivery from the victim of Ecuas 380 automobiles of an amount equivalent to 5,9720,000 won at the market price around September 2, 2008.

2. On September 22, 2008, the Defendant called the victim at the office described in paragraph (1) around September 22, 2008, and called, “I would pay the victim in cash immediately with the cost of the vehicle that had not been paid prior to the delivery of the vehicle, on the first hand, because the vehicle is urgently needed,” but there was no intention or ability to pay the price normally even if he purchases the vehicle from the victim, as described in paragraph (1).

Nevertheless, the Defendant, as seen above, by deceiving the victim, received from the victim the delivery of a passenger car of the amount of 5,9780,000 Ecuas380,000 won from the seat.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A copy of a motor vehicle sales contract and a complaint;

1. A copy of the current status of deposits by branch office and a detailed statement of shipment vehicles;

1. A copy of an automobile registration certificate and related photographs;

1. A previous conviction in judgment:

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