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(영문) 인천지방법원 2015.04.30 2015고단274
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

On October 9, 2014, the Defendant: (a) knew on the D office located in the Nam-gu Incheon Metropolitan City, that the victim E would sell 3.5 Ecoos 3.5 in the same size as that of the existing vehicle; and (b) recommended the victim to purchase a coos 3.5 in the same size; and (c) made a false statement to the effect that the Defendant would sell coos 3.5 in the said D office to the extent that he would sell coos 3.5 in the same size as that of the fish code (3.5) at the time of inducing the victim to purchase the coos coos coos 3.5 in the said office; (d) the odometer was 40,00km; and (e) the odometer was 50,000 km and the

However, in fact, the above vehicle was traded at KRW 24,500,000 on an average of KRW 24,00,000 with a mixed 34,700,000 with a new car price of KRW 34,70,00,00, and the Defendant paid and purchased KRW 25,924,00 in total from “H” through “G”, as a registration fee.

As such, the Defendant, by deceiving the victim, received a total of KRW 38,300,00 from the victim as the purchase price, and acquired the difference of KRW 12,376,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning E (including I parts of the statement);

1. Each report on investigation into a telephone system;

1. Automobile register;

1. Application of Acts and subordinate statutes, such as automobile transfer certificate;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of types] of general fraud (less than KRW 100 million) (the scope of decision-making and recommendation-making) basic area, six-months and one year and six months [whether or not the execution of sentence is suspended] - Deposit of an amount equivalent to the absence of criminal records of positive or higher suspension of execution, partial recovery of damage [decision of sentence] 4 months of imprisonment, one year of suspended execution, and 80 hours of community service;

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