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(영문) 의정부지방법원 2016.10.05 2016고단3709
사기
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

The defendant and the victim AI have become aware of working together with the "J" company located in H at the time of the government of the Gu government as an employee.

On April 14, 2015, the Defendant made a false statement to the victim at the above company office stating, “I will sell the vehicle with a heavy cost of KRW 3.5 million to KRW 7.5 million, and resell the vehicle with a high cost of KRW 1,500-16 million to divide the proceeds by five million.” On April 15, 2015, the following day, at the same company office, the Defendant made a false statement to the effect that “I will pay more than the estimated cost of repair of the vehicle than the estimated cost. I will send more KRW 2 million.”

However, the defendant was thought to use the vehicle for personal repayment with the cost of purchasing and repairing the vehicle from the victim, and even if the vehicle was sold, there was no intention or ability to divide the profit into the victim.

As above, the Defendant, by deceiving the victim as above, received from the victim, KRW 3.5 million on April 14, 2015, and KRW 2 million on April 15, 201, from a corporate bank account (Account Number: AJ) under the name of the Defendant, and acquired the victim’s property worth KRW 5.5 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Each police statement to AI and AK;

1. Application of Acts and subordinate statutes concerning content of replies requested for information on the AL vehicle register;

1. The reason for sentencing of Article 347(1) of the Criminal Code of Article 347 of the pertinent Act on the facts of crime [the range of recommending punishment] The reason for sentencing of Article 347(1) of the Criminal Code on the facts of crime [the range of recommending punishment] is that there is no basic area (6 to 100 million won) (6 to 100 million won) [the person who has been specially punished] [the decision of sentencing], and there

However, the defendant recognized his mistake and reflected his mistake.

There is no record of punishment exceeding the fine before the case is currently pending in the appellate trial.

In this context, the range of recommendations on the sentencing criteria is the same.

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