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(영문) 인천지방법원 부천지원 2017.10.20 2017고단1858
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a member who sells used cars belonging to the company with the middle and high-speed trading company, “C” located in Bupyeong-si, B.

On June 1, 2016, the Defendant reported the Internet advertisements posted by the Defendant at the “C” office located in Seocheon-si, Seocheon-si, Won-si, and agreed to sell the said Lone Star car at the Internet level as advertising the said Lone Star car, and to purchase the car at the Defendant’s side, which was owned by the damaged person.

The following facts are that the victim did not have installment payments in the above Lone Star Co., Ltd., but there is a vehicle installment of KRW 16.8 million with the exception of KRW 3 million for Lone Star Co., Ltd.

‘Falsely speaking, the victim cannot prepare approximately KRW 20,000,000, and thus the victim demanded the cancellation of the contract. As such, the contract continues to be cancelled due to the fact that the contract was already prepared.

If you do not leave, other vehicles will be displayed.

“Along on the same day, the victim was able to purchase the vehicle at KRW 5,60,000,000 for KRW 12,80,000 and KRW 10,000,000 for KRW 5,60,00,00 in fact at the end of the same day, and the victim was able to borrow KRW 1,00,000 from KB Capital, and was additionally paid the money as the price for automobile sales.

Accordingly, the defendant was given property worth KRW 13 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of transfer of each motor vehicle, a ledger of the registration of motor vehicles, and a letter of agreement on the middle and high debate;

1. Application of Acts and subordinate statutes to investigation reports (person H telephone communications);

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

1. Article 62(1) of the Criminal Act 1.

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