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(영문) 수원지방법원 2012.11.30 2012고정2801

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 2, 2009, the Defendant was sentenced to a suspended sentence of two years in the year of imprisonment with prison labor for false entry into public electromagnetic records, etc. at Suwon District Court on November 2, 2009, and the said judgment became final and conclusive on November 10, 2009.

The defendant is a person who conducts a secondhand trading.

At around 10:00 on September 1, 2008, it decided to sell and purchase Estun vehicles owned by the complainant at the front of the house of the complainant C. C., the C.I.D.

However, there was no intention or ability to resolve the seizure of the complainant's vehicle.

Nevertheless, seizures attached to vehicles of the complainants are expected to be resolved by themselves, and documents and vehicles necessary for the transfer of ownership are delivered by the complainants who believe that they are transferred.

Based on the ownership transfer document received as a complainant, the Defendant acquired property profits equivalent to 5 million won by changing the owner of the above vehicle into a corporation, selling it again to a third party and receiving two million won, and otherwise not resolving the seizure of the accused vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect against the defendant (including D substitute parts);

1. Statement of D police statement;

1. A complaint;

1. Each investigation report (vehicle register, F phone statement of vehicle buyer);

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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

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;