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대전지방법원 2016.01.13 2015고정1735

사기

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 8, 2014, the Defendant issued a vehicle registration certificate to the victim C, stating that “The Defendant would transfer the instant vehicle to E with the purchase price exceeding KRW 35 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

However, in fact, since the above truck was registered as a motor vehicle with the seat of an advanced passenger, the owner of the registered symptoms of the motor vehicle, and the real owner was the F of the defendant's wife, the defendant was unable to transfer ownership to the victim at his own discretion. Furthermore, the defendant was aware of the sale of the above motor vehicle with the above purchase price, and there was no intention or ability to transfer ownership of the above motor vehicle even if the victim remitted money to E.

Nevertheless, the Defendant, around September 5, 2014, repaid the victim’s existing obligation to E to G account managed by E, made the victim transfer the amount including the above purchase price (a total of KRW 50 million) to E, and acquired property profits equivalent to KRW 35 million by not transferring the ownership of the above vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The first written protocol concerning the examination of the accused to the prosecution;

1. Each police statement made to C, H, and I;

1. Investigation report, investigation report (to file details of transaction and telephone investigation);

1. Automobile registration certificate;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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