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(영문) 수원지방법원 2019.03.15 2017고단6622

사기

Text

[Defendant A] The defendant shall be exempted from punishment.

Of the facts charged in the instant case, the fraud of October 4, 2013 is acquitted.

Reasons

Punishment of the crime

[Criminal Justice] On March 31, 2016, Defendant A was sentenced to three months of imprisonment with prison labor and four years of imprisonment with prison labor at the Suwon District Court on March 31, 2016, and the judgment became final and conclusive on June 3, 2016.

【Criminal Facts】

Defendant

A around September 6, 2013, at the "D Office" office operated by the Defendant located in Suwon-si, Suwon-si, the Defendant did not have any special property or regular income at the time, and the vehicle was disposed of to the other party and was planned to lend the funds. The vehicle is to transfer the name of the vehicle to the victim E without any intention or ability to make installment payments, and if the vehicle is lent the name of the subsidiary loan, etc. to purchase the vehicle, the vehicle will be transferred within two months after the purchase, and the installment would be paid by the Defendant to the victim so that the damage would not occur. The vehicle is purchased at KRW 45.8 million in the market price in the victim’s name with the consent of the victim, and the vehicle was paid with the loan of KRW 35 million in the victim’s name on the same day with the loan of KRW 35 million in the victim’s name.

As a result, Defendant A made a false statement to the victim, and caused the victim to pay 35 million won in installments, and the defendant acquired property profits equivalent to the same amount.

Summary of Evidence

1. Legal statement of witness E;

1. The suspect interrogation protocol of Defendant A (Evidence No. 43);

1. A written statement of the defendant A

1. Each police statement of G and H;

1. A complaint, a copy of payment notice of acquisition tax, a copy of a certificate of registration of motor vehicle, the register of motor vehicle, and an application for the register of motor vehicles of more

1. Before the judgment: Criminal records, investigation reports (the same records as A of the suspect), investigation reports (verification of the progress of the A trial of the suspect), [The defendant and the defense counsel asserted that the defendant had the intent or ability to pay the vehicle installments, but according to each evidence of the judgment, it is sufficient to find the defendant guilty of this part of the facts charged, and the above assertion by the defendant and the defense counsel against them is not accepted].