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(영문) 수원지방법원 평택지원 2013.03.28 2012고단1496
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 14:00 on June 15, 201, the Defendant decided to sell FM trucks to the victim C at the office D (State) E in Yeongdeungpo-gu, Young-gu, Young-gu, Seoul, and drafted a sales contract for vehicles.

When selling and selling the above FM truck, the Defendant did not notify the victim of the mortgage equivalent to KRW 65 million on March 23, 201, and eight registrations of seizure.

As above, the Defendant, by deceiving the victim, received from the victim each remittance of KRW 10 million as the down payment on June 14, 201, and KRW 51 million as the remainder payment on June 22, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the register of automobiles statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The sentence shall be suspended after considering various sentencing factors such as the defendant's age, occupation and family environment, including the fact that the defendant's reason for sentencing is against Article 32 (1) 3, Article 25 (3) 3, and Article 25 (4) of the Act on Special Cases concerning the Promotion, etc. of Application for Compensation Order (the scope of liability for compensation is unclear and it is not reasonable to issue a compensation order in the criminal procedure) is recognized and reflected in the criminal case. The sentence shall be suspended after considering various sentencing factors such as the defendant's age, occupation and family environment.

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