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(영문) 수원지방법원 평택지원 2017.02.09 2016고단1739
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

From around 2013, the Defendant: (a) from around 2013, operated the “C” and engaged in the business of selling motor vehicle parts; and (b) the victim D is a person engaged in the business of selling motor vehicle parts with the trade name of “F” from Pyeongtaek-si E.

On April 10, 2014, the Defendant would purchase a heavy automobile part to the victim at the H Car Maintenance Business Center located in Pyeongtaek-si G, and would use a light device, including a H car model of 22,00,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,000,000.

“A false representation was made.”

However, in fact, the defendant did not have any particular property or income, and he did not have any intention or ability to supply the valuable parts in a normal way as agreed upon by the victim, even though he received the above money from the injured party and planned to prepare business funds by disposing of them to the customer while the deficit in the business with approximately 5 million won accumulated each month.

On April 15, 2014, the Defendant received KRW 20 million from the damaged person to the account in the name of I as the price for goods.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the application of the O sentencing guidelines for the reasons of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation: The scope of recommendations for the applicable O sentencing guidelines: consideration of all the general circumstances, including the fact that the basic area (from June to June) of category 1 (less than KRW 100,000) has no record of committing an O crime, the amount of damage is trying to be repaid, and the amount of damage is paid in two million won after the closure of pleadings;

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