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(영문) 대구지방법원 김천지원 2014.03.12 2013고단1820
사기
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 4,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Around May 24, 2013, the Defendant stated that “The Defendant would purchase a good vehicle among the medium and medium-sized auction goods at the time of sending the money to the victim C by telephone at the end of the Gu-U.S. Si around May 24, 2013.”

However, even if the defendant received the purchase price of the vehicle from the victim, he was thought to use it as the Internet gambling fund, and did not have the intent or ability to deliver it to the victim by purchasing the vehicle as agreed.

As above, the Defendant, by deceiving the victim, received a total of KRW 11,436,00 from May 24, 2013 to June 3, 2013, a total of KRW 11,436,00 from the victim.

around April 4, 2013, the Defendant made a false statement to the effect that “The sales proceeds are to be sold to an amount greater than the market price in the vehicle operating by Nice,” before the E restaurant located in the Gu and the victim F.

However, at the time of fact, the defendant had sold the vehicle from the victim and attempted to use it for gambling funds, and the sales proceeds did not have the intention or ability to cut off to the victim.

Ultimately, the Defendant, by deceiving the victim as such, was issued one vehicle for the G News Art Art. 9810,000 won at the market price from the victim.

Summary of Evidence

"2013 Highest 1820"

1. Defendant's legal statement;

1. C’s protocol of statement of the police station: 2013 High-level 619;

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. The relevant provision of the Criminal Act, Article 347(1) of the Criminal Act, the choice of a punishment for the crime, the imprisonment for the crime of fraud against the victim C, and the selection of a fine for the crime of fraud against the victim F

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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