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(영문) 인천지방법원 부천지원 2019.05.17 2018고단1347
사기
Text

A defendant shall be punished by imprisonment for six months.

In August 24, 2016, the fraud was acquitted.

Reasons

Punishment of the crime

[Criminal Power] On January 12, 2018, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for fraud in the Incheon District Court Branch Branch of the Incheon District Court, and the said judgment became final and conclusive on January 20, 2018.

【Criminal Facts】

The defendant purchased and repaired an accident vehicle and sold it to a seller of a secondhand vehicle, and the victim B is a seller of a secondhand vehicle.

1. On Nov. 1, 2016, the Defendant: “Around November 2016, the victim was made telephone call to the victim; the fact was received from the previous buyer for the same vehicle, and thus, paid the money received from the previous buyer to the previous buyer; and it was impossible to properly repair the money because there was no repair cost; and “benz vehicles (C) can be delivered upon the lapse of the repair period for a weak month;” and the Defendant received KRW 10,00,000 on Nov. 10, 2016 from the victim who believed it to be true, as the purchase price for the said vehicle from the victim who believed to be true.”

2. On November 2016, the Defendant: (a) obtained from the victim via telephone at an insular place; and (b) obtained the victim a false statement from the victim that “no intent to use the vehicle to repay other debts even if he/she received the cost of the vehicle including the repair cost; (c) instead, he/she did not intend to repair the vehicle; and (d) obtained the victim who believed the payment of the repair cost to be true, from the victim who believed it to be true, the Defendant acquired KRW 12,00,000 as the purchase price of the said vehicle from November 12, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The police statement concerning B;

1. Each register of automobiles;

1. A complaint, details of conversation, used cars performance inspection register, photographs, and details of passbook transactions;

1. Previous convictions: Criminal records, investigation reports (a report on the confirmation of the same attached records), investigation reports (a confirmation of the facts of the judgment), [A crime shall be committed by the defendant on or before April 2016, which is the same as this case, around the same day as the previous records of the judgment that became final and conclusive.

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