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(영문) 대구지방법원 2015.10.16 2015고정1322

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who conducts sales business in C(PP).

The defendant did not have any intention or ability to sell EM5 SE vehicles to the victim D.

Nevertheless, around January 3, 2015, the Defendant sold the above vehicle to the victim for KRW 7.5 million by making the vehicle rating to the ES5 taxi class eM5 si type (PE class) from the 'C' office located in Daegu Northern-gu and 406.

As above, the Defendant belonged to the victim and acquired pecuniary benefits equivalent to the difference in the above vehicle rating.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Recording records;

1. Application of Acts and subordinate statutes to the motor vehicle transfer certificate, the motor vehicle transfer certificate (formers), the front and rear copy of the motor vehicle transfer certificate, and the copies thereof; and

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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;