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(영문) 대구지방법원 2013.07.17 2013고정601

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant concluded a false statement to the effect that “The Defendant purchased a used vehicle at the low price in Daejeon Northern-gu, Daegu Northern-gu, and there is a difference between KRW 1 million and the difference between the two.”

However, in fact, the defendant only made such a false statement in order to receive the amount of subrogated payment of the previous victim's liability, and even if he purchased the vehicle from the victim and disposes of it in another place, he did not intend to obtain the above borrowed money and the proceeds.

Nevertheless, on December 25 of the same year, the Defendant, by deceiving the victim, had the victim transfer the purchase price of one set of two-use car in the market value of 9.2 million won in the vicinity of the Daejeon Highway, to D on December 25, 2000, and acquired pecuniary benefits equivalent to that of the above vehicle by disposing of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;