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(영문) 수원지방법원 2014.05.28 2013고단7021
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:00 on March 5, 2012, the Defendant: (a) obtained the said car from the victim and acquired the said car on the same day on the same day, on the following grounds: (b) the Defendant concluded a sales contract for FST5 car with the victim, even though it did not have the intent or ability to pay the purchase price properly; (c) while concluding the sales contract for FSS5 car with the victim, the Defendant would not be able to pay the victim KRW 15,00,000,000, such as the purchase price and registration fee, in lump sum; and (d) paid the victim in installments in KRW 40,000 or KRW 50,000.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act: (a) of the Act on the Suspension of Execution [type of crime] - Type 1 of general fraud committed by fraud group - elements for mitigation of the amount of profit (special person who is less than 100,000,000 won) - The victim’s non-members [area and scope of recommendation] mitigation area - imprisonment for not more than one year (decision of sentence] - 1 year of suspended sentence for April 1 - The above sentencing person and the defendant have no criminal records exceeding the same criminal records and fine

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