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(영문) 수원지방법원 2016.03.24 2015고단1536
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who was an employee of the two-use motor vehicle D office in Suwon-si C.

On May 15, 2014, the Defendant would sell KRW 29 million to the victim E at the said two-use vehicle D business office around May 15, 2014.

A false statement was made to the effect that “The vehicle, key to the vehicle, etc., carried on as soon as possible at the face of the delivery of the vehicle is to be handed over.”

However, at the time, the Defendant, at the time, had a personal debt amounting to KRW 70,000,000 in a loan business entity, such as Russh, and had a credit card to “refiscing” under a very bad financial condition, and even if he sells a victim’s vehicle, he did not have any intent or ability to pay the sales proceeds to the victim.

The Defendant, by deceiving the victim as such, obtained the delivery of the FF Coin vehicle in the amount of KRW 29 million at the market price owned by the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant could not agree with the victim until now by deceiving the vehicle of 29 million won at the market price owned by the victim. In light of the content, method, and amount of the crime in this case, if considering the contents of the crime in this case, the crime shall not be less than that of the crime.

However, considering the fact that the defendant repents and reflects the defendant's mistake, and that the victim's damage seems to have been partially recovered, and the sentencing conditions and sentencing criteria that are shown in the records, such as the family relationship, sexual conduct, etc. of the defendant, are comprehensively considered, the sentence is ordered as ordered.

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