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(영문) 울산지방법원 2018.09.14 2018고단299
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

[Criminal Records] On December 18, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Ulsan District Court on December 18, 2015, and the judgment became final and conclusive on the 29th of the same month.

[2] The Defendant: (a) at the conference of the Ulsan Island conference located in Ulsan-gun, Ulsan-gun, the end of November 2014, the Defendant: (b) sold the victim C with a luxed vehicle “Is the luxed vehicle; (c) the 40 million won of the luxed vehicle from among external agents located in the Pluxa Kabrog, the Defendant would transfer the lux Q7 car from among the external vehicles located in the Pluxag.

The phrase “ makes a false statement.”

However, the fact is that the defendant did not hold the defendant's automobile Q7 with money from the injured party, and there was no intention or ability to remove the external vehicle from the injured party.

Nevertheless, the Defendant, as seen above, received KRW 20 million from the injured party to deception the victim, and received KRW 20 million as the price for Au Q7 car from the injured party on or around December 4, 2014, and received KRW 18 million in the name of the Defendant on or around March 26, 2015, and received KRW 38 million in total on two occasions, such as receiving KRW 18 million from the D account (Account Number: E) in the name of the Defendant under the same name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C in the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the police against C;

1. A loan certificate or a certificate of deposit confirmation;

1. Contents of a text message conversation (Evidence No. 14 of the evidence list);

1. Previous convictions: Inquiry into criminal history, application of investigation reports (Attachment of judgment attached), and application of a copy of judgment statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is recorded in the facts constituting the crime of this case, even though the defendant was unable to have the intent or ability to transfer it to the victim because he did not possess an external vehicle

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