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(영문) 대구지방법원 2018.06.21 2017고단5880
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was the victim D(34) and the motor vehicle with the victim D(34) in the Daegu Northern-gu B.

1. On February 28, 2013, the fraud Defendant: (a) around February 28, 2013, the vehicle price is KRW 9,150,000,000 for the victim’s “Egreging to sell” to the said C Company.

In order to purchase a vehicle as soon as possible, the Court stated that the vehicle is sent money.

However, even if the defendant receives money from the injured party, he/she was able to consume all the money due to his/her personal living expenses, and there was no intention or ability to purchase the vehicle.

After all, the Defendant, by deceiving the victim, received KRW 9,150,000 from the victim to the Agricultural Cooperative Account in F as the purchase price for the vehicle from the victim.

2. On March 12, 2013, the Defendant called the victim at the above office on March 12, 2013, the Defendant: “Around March 12, 2013, the Defendant sent 13 million won as soon as he/she is urgently required to purchase the vehicle to the H store located in Daegu-gu, Daegu-gu, a trading place.”

However, even if the defendant receives money from the injured party, he/she was able to consume all the money due to his/her personal living expenses, and there was no intention or ability to purchase the vehicle.

As a result, the Defendant, by deceiving the victim as such, acquired 13 million won from the victim to the bank account in the name of his father I under the name of his father as the purchase price for the vehicle.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing deposit certificate;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and

2. Circumstances that are disadvantageous to a decision of sentence:

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