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(영문) 인천지방법원 2014.10.30 2014고단6187
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 31, 2013, the Defendant sold 16,00,000 won to the victim D in a used vehicle trading company located in the Dong-gu, Gyeonggi-si, Gyeonggi-si. On the other hand, the Defendant agreed to sell 16,000,000 won to the victim D. On the other hand, the Defendant would pay the purchase price of the cruise vehicle later, as the vehicle would be sold and sold. Then, 6,00,000 won for the cruise vehicle should be paid first, and 6,60,000 won for the cruise vehicle still remains. The installment is to be paid in a lump sum, and the installment is to be paid in a lump sum, and 6,33,00,000 won for the vehicle. On the other hand, 200,000 won in cash, while receiving 2,000,0000 won for the part-to-day loan 2,2200,000 won for the share transfer registration.”

However, in fact, the defendant thought that the defendant would immediately sell the above cruise vehicle of the victim to F et al. who sold the above cruise vehicle and immediately use the money in personal name for the purchase price and installment, and even if he received cash from the victim for the above cruise vehicle and installment, he did not have an intention or ability to pay the purchase price of the above cruise vehicle or to redeem the installments of the above cruise vehicle.

As above, the Defendant deceptioned the victim as above, and got out of the victim the cruise vehicle equivalent to KRW 14 million at the market price on the same day, and received 6.6 million won as an installment repayment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the accusation, the register of automobiles, the name of the defendant, the certificate of vehicle transfer, the certificate of vehicle takeover, the certificate of vehicle transfer, the certificate of financial transaction, the statement of new card installment financing, and each report on investigation;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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