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(영문) 인천지방법원 부천지원 2018.05.11 2018고단95
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

While the Defendant, who was operating a limited partnership company prime Liber with C, changed the above Trrat manufactured with 2 crat at the time of release in order to avoid over-concentration control into 3 eths.g., illegal structure. However, by using the fact that there is no structural change in the car registration ledger of the above Trat, the Defendant used the fact that there is no structural change in the car registration ledger of the above Trat to request E to sell the above Trat and received the price.

On February 11, 2016, the Defendant, at the D office located in the Nam-gu Incheon Metropolitan City F, by means of concluding a motor vehicle transfer contract with the content of selling the said scraper to 29 million won, without notifying the fact that the said scraper’s illegal structural change to the victim G through the above E, deceiving the victim by concluding a motor vehicle transfer contract with the content of selling the said scraper to 29 million won, and caused the victim to remit the said scraper’s account to the account in the name of the Incheon Metropolitan City to transfer 29.5 million won as the purchase price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of two Acts and subordinate statutes to a contract for the transfer of a motor vehicle management right, the ledger of reference materials for motor vehicle registration, and two vehicle photographs;

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 on the stay of execution.

1. The records of this case, such as the defendant's age, sexual conduct, motive leading to the crime, method of the crime, amount of damage, and circumstances after the crime, etc., are recorded in favor of the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act (the fact that the defendant recognized the crime of this case, the defendant agreed smoothly with the victim), unfavorable circumstances (the defendant deceivings the victim by active means, the defendant has been subject to criminal punishment several times including the same kind of crime, and the crime of this case has been committed during the suspended execution period).

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