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(영문) 인천지방법원 2016.01.20 2014고단6412
사기
Text

A defendant shall be punished by imprisonment for six months.

(2) or (3) years after the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who engages in a heavy trading business.

On January 12, 2014, the Defendant posted a letter on the Internet SK K K car site stating that “Sales of vehicles with no golf accidents at KRW 31 million across the country” was limited to the victim E, the applicant for this purchase, and the victim E, the applicant for this purchase, who was the victim E, and on January 13, 2014, prior to the university located in the Yong-gu Incheon Nam-gu, Incheon Metropolitan City University.

In fact, on June 20, 2013, the above halog golf car was an accident involving a collision with a chartered bus, and the Defendant was well aware of the fact that the repair cost of which was 26,270,630 won was 26,270,630 won, and that the service center’s guarantee was not accepted in the event of such accident. However, the Defendant did not notify the victim of such fact and said, “this vehicle is a vehicle simply exchanged only for a crime and without any other problem.”

The Defendant, as above, by deceiving the victim as above, received from the victim, the money from the victim to receive the money of KRW 18.6 million (including the registration tax, etc. for automobiles and cash) in the column of the market price of KRW 15 million owned by the victim as the price for the vehicle from the victim.

Summary of Evidence

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a certificate of transfer of a motor vehicle, certificate of performance and condition of a used motor vehicle, record of inspection of performance and condition of a used motor vehicle, details of service work, inquiry of service history, and

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for the sentencing as follows) / [the scope of the recommendation] general fraud / [the scope of the recommendation] / (one month to one year) in the mitigated area (the person subject to special mitigation / [the decision of the sentence] / there is no previous conviction in excess of the fine, and there is no previous conviction in excess of the fine. The agreement is reached with the victim on October 26, 2015, and other motive and consequence leading to the instant crime.

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