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(영문) 인천지방법원 2018.07.04 2018고단2473
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a heavy and rapid withstandingr.

On August 26, 2017, the Defendant made a false statement to the victim E in Suwon-si, Suwon-si, stating that “The Defendant would purchase a Fbents C C 20 high-class and high-class car at its price, which would vary to KRW 41.6 million.”

However, even if the defendant received the above payments, he thought that he would use it for his personal debt repayment, etc., and there was no intention to purchase the above car.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the money from the victim to the new bank account (G) in the name of the Defendant; (c) KRW 10.3 million around August 27, 2017; and (d) KRW 1.3 million around August 28, 2017; and (c) acquired the money from the victim to the new bank account (G) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (Submission of details of transactions of suspects and data analysis);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [type of determination] : Class 1 (under KRW 100,00) (under KRW 100) of the general fraud [person subject to special sentencing] - In the event that punishment is not imposed or considerable damage has been recovered, [the scope of the recommended punishment] / one month to one year [the scope of the recommended punishment] / Reduction element - Reduction element: Serious reflectness - Aggravation element: Use of personal trust relationship:

2. Whether to suspend the execution [main reasons] - positive: Where the scale of substantial damage is considerably small, where substantial damage is recovered (where the amount of damage not finally recovered is less than 50 million won), penalty costs [general circumstances] - positive: Serious reflectness, absence of criminal conviction or heavier punishment, and partial recovery from damage.

3. The defendant's crime of sentencing is that the amount equivalent to the price shall be obtained by deceiving the victim as if he will purchase a second and second vehicle.

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