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(영문) 의정부지방법원 2017.11.07 2017고단2424
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2013, the Defendant may not extract vehicles from the new apartment store located in Yongsan-dong, Yongsan-gu, Seoul, 448, and “the victim C” in his/her name.

In the four names, the main and the installment will be paid by purchasing a heavy vehicle from the modern capital to the main and main payment.

“A false statement” was made.

However, in fact, the defendant did not have the intention or ability to pay installments even if he purchased a heavy vehicle in the name of the victim in the modern capital.

As such, the Defendant, by deceiving the victim, had the victim purchase the Cuber vehicle in the name of the victim in the name of the victim, and then had the victim pay the above vehicle in lieu of the installment payment of KRW 17,617,414, instead of paying the said vehicle even after receiving the payment from the victim, the Defendant acquired property benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to inquire about the details of loan repayment, the Motor Vehicle Registration Register (A, B), the list of inquiries about deposit details, certificates of account classification by member transaction account (SOF, E), deposit transaction statement (CF), and the details of loan repayment;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The amount of damage caused by sentencing under Article 62-2 of the Criminal Act, and the fact that the defendant promised to make installment payments at an investigative agency, but the damage has not been recovered: Provided, That comprehensive consideration is given to the fact that the defendant is against the law;

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