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(영문) 서울중앙지방법원 2013.04.19 2013노128
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of this case is a case in which the Defendant, who operates the HH vehicle store, acquired 2,1150,000 UN (Korean Won approximately 333,716,110 won) from the victim as the purchase price by means of selling the vehicle when he/she pays the H vehicle purchase price to the victim I.

After having the victim believe that he would sell a motor vehicle to the victim as collateral and pay proceeds from the sale of the imported motor vehicle, the defendant reported as if he lost the certificate of import declaration, and reported as if he lost the certificate and disposed of the motor vehicle again, and did not agree with the victim even though the damage amount exceeds 300 million won, the defendant did not reach an agreement with the victim. However, in addition to the amount of the instant money received pursuant to the investment agreement with the victim, the defendant led to the confession of the instant crime, and did not have two times of fines, and the defendant additionally borrowed 650 million won from the victim on March 25, 2009, in addition to the instant money received from the victim on March 25, 2009, the amount of KRW 1.30 million was paid to the victim as the creditor of the said real estate, and the amount of KRW 1.45 billion was transferred to the victim on March 24, 2011, the amount of KRW 80,000,000 won was paid to the victim on March 24,519.

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