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(영문) 광주지방법원 2015.04.30 2014고단4976

사기등

Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On December 24, 2014, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on January 1, 2015.

1. On June 12, 2012, the Defendant in violation of the Automobile Management Act: (a) requested a name-free person to operate the mileage of the DNAS car owned by the Defendant to change the odometer from approximately 100,000 km to approximately 50,000 km, the actual odometer.

Accordingly, the defendant, in collusion with the person who was unable to use his name, changed the odometer.

2. On November 5, 2012, the defrauded: (a) in “G” operated by the Victim F in Seo-gu, Seo-gu, Gwangju, the Defendant: (b) sold the DNS car owned by the Defendant to the victim via H; and (c) the Defendant, upon request by the Defendant, sold the mileage of the said vehicle to the victim via his name, by approximately 100,000 km; (b) the Defendant, despite having finished the operation of approximately 50,000 km from approximately 50,000 meters of the mileage of the said vehicle, by deceiving the victim as if the actual odometer of the said vehicle was about 50,00 km; and (c) by deceiving the victim as the purchase price,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the prosecution of I;

1. Police suspect interrogation protocol against J;

1. Each police statement made to K and F;

1. Specifications of automobile maintenance, motor vehicle register, and motor vehicle performance inspection register;

1. Previous convictions in judgment: Criminal records, results of inquiry into cases, and application of statutes governing judgment;

1. Article 79 Subparag. 6 and Article 71(2) of the former Automobile Management Act (Amended by Act No. 11588, Dec. 18, 2012); Article 30 of the Criminal Act; Article 347(1) of the Criminal Act for the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Legal penalty;