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(영문) 광주지방법원 2016.06.08 2015고단3511
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On March 2014, 2014, the Defendant: (a) had a son with no intention or ability to purchase a vehicle even if he/she received the payment from the injured party, who was an offender from the victim B, at a closed place; and (b) there is no introduction by the Defendant.

BMW vehicles, the vehicle price of KRW 16.5 million should be deposited into the down payment and 6.5 million won should be deposited into the down payment, and the vehicle price shall be transferred from the damaged party to the money, and then the money was transferred to the 2.5 million won around March 25, 2014, and 4 million won around the same month.

2. On April 1, 2014, the Defendant asked that the said victim “drawed” at a closed place on April 1, 2014, and the fact does not have the intent or ability to purchase the vehicle even if the victim received the payment from the injured party. The same is the same as “MW” to the victim.

The Cubs VS50 vehicles can be reduced, and the balance should be paid in full, so that the balance may be deposited, and the balance is changed, and the remittance was received, and the amount of KRW 6.5 million on the same day, KRW 3.5 million on June of the same month, KRW 3.5 million on the same month, and KRW 2.5 million on the 14th of the same month, respectively.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 19 million as the purchase price of the vehicle and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 15 years;

2. The scope of the recommended punishment on the sentencing criteria: The application of the special rule for adding up concurrent offenses of the same kind [the scope of the recommended punishment] to the basic area (from June to one year and six months) of the type 1 (less than KRW 100,000) (the person who is subject to special sentencing].

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