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(영문) 대구지방법원 2017.12.14 2017고단4450
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 18, 2015, the Defendant sold a vehicle owned by the Defendant to the victim E within the law firm D office located in Daegu-gu, Daegu-gu, to the extent that the Defendant sold the vehicle “if 35 million won is paid in a lump sum, 15 million won in the balance of the vehicle sales amount shall be adjusted by December 31, 2015, and then the ownership of the vehicle shall be transferred.

“A false statement” was made.

However, in fact, the installment balance of the above vehicle was KRW 43.5 million, and the defendant's income was not fixed at the time and was thought to be used as funds for the operation of the above company because of economic circumstances such as not being able to pay wages to the employees belonging to the employees of the business operated by the defendant, etc., and thus, there was no intention or ability to pay the installments of the above vehicle and transfer the ownership of the above vehicle to the victim.

As above, the Defendant: (a) received the money of KRW 20 million in the name of the purchase price from the Daegu Bank account (G) under the name of the Defendant on the same day from the victim, by deceiving the victim; (b) received the money of KRW 15 million in the same account on April 20, 2015; (c) received the money of KRW 15 million from the victim to the same account on the same day; and (d) acquired the money of KRW 35 million in total from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written waiver of the vehicle;

1. Written waivers;

1. A certificate of borrowing;

1. A certificate of process in the lending and borrowing contract for full-time consumption;

1. Application of this Act and subordinate statutes by reducing the Kakao Stockholm conversation content;

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

1. The reason for sentencing of selective sentence of imprisonment [the type of decision] The reason for sentencing of selective sentence of imprisonment [the determination of the recommended area] The basic area of types 1 (less than KRW 100 million] [the scope of recommendation] [the scope of punishment] six months to 1 year 6] [the determination of the sentence] Defendant caused economic difficulties by unfairly expanding his/her business, such as food, lodging, food, retail, etc., in his/her name and his/her wife’s name, and thereby resulting in this case’s crime.

Since then, the defendant is faced with his wife.

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