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(영문) 서울서부지방법원 2015.08.27 2015고정886
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 19, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended sentence due to the crime of larceny, etc. by the District Court, and the judgment became final and conclusive on April 27, 201, and on May 30, 2013, the Seoul Western District Court sentenced three years of imprisonment with prison labor for fraud, etc. at the Seoul Western District Court, and the judgment became final and conclusive on June 19, 2013.

On March 2, 2010, the Defendant made a false statement to the victim C, stating that “SM5 automobiles will be sold.”

However, even if the defendant receives the vehicle price from the victim, the defendant did not have the intention or ability to sell the MF5 vehicle to the victim.

Nevertheless, the Defendant received KRW 10 million from the victim on March 12, 2010.

In addition, on September 2, 2010, the Defendant made a false statement to the victim, stating that “The transfer of the name of SM5 vehicle is difficult. It has already been made 30 million won for halog haloged vehicles, and then, if the Defendant sent an additional amount of KRW 20 million,000,000,000 to the victim, it would have to transfer the ownership of the halog D vehicles.”

However, even if the defendant receives the vehicle price from the victim, he did not have the intention or ability to sell the so-called vehicle to the victim.

Nevertheless, the Defendant received KRW 15 million from the victim on September 2, 2010 and received KRW 5 million around September 8, 2010 from the victim.

Accordingly, the defendant deceivings the victim, thereby deceiving 30 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Previous convictions in judgment: The application of three copies of criminal records and written judgments (the district court of his/her own jurisdiction shall be the second half of 2011 and the second half of 2011 and the Seoul Western District Court shall be the second half of 2013 and the second half of 201

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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