(영문) 인천지방법원 2019.06.21 2019고정365

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(영문) 인천지방법원 2019.06.21 2019고정365

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 June 24, 2018, the Defendant made a false statement to the victim C, “The price of the D QM5 vehicle shall be KRW 16 million and shall not be collected.”

However, the owner of the above vehicle wanted to sell 7.4 million won, and the defendant acquired the difference between the above 16 million won and the above 7.4 million won as a brokerage fee, and the person mediating the vehicle must notify in advance of the brokerage fee to be received in advance, but the defendant did not notify it.

On June 24, 2018, the Defendant, by deceiving the victim, received 16 million won as vehicle price from the Seo-gu Incheon, Seo-gu, Incheon, as the vehicle price, from the victim, and acquired 8.6 million won cost, which is the difference in vehicle price.

Summary of Evidence

1. Court statement of the defendant (the date on which the first trial is made);

1. Statement to C by the police;

1. A complaint;

1. Application of the Act and subordinate statutes to the investigation report (No. 14);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [limited to the reasonable circumstances] show the attitude of the defendant to recognize and reflect the instant crime.

The defendant seems to have paid some of the money obtained by deceit to the victim.

[Unjustifiable circumstances] The crime of this case is a case in which the defendant acquired money from the victim during the process of mediating the secondary trading of the defendant, and such crime is likely to undermine the sound order of the secondary trading and to undermine the social harm, such as harming the sound order of the heavy and unspecified number of unspecified victims, so there is a great need for punishment.

In addition, in full view of the following conditions, such as the defendant's age and behavior environment, relation to the victim, motive means of crime, results of crime, circumstances after crime, etc., the sentence shall be determined as per Disposition.

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