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(영문) 수원지방법원 성남지원 2016.05.27 2015고정1035

사기등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On February 5, 2015, the Defendant made a false statement to the victim F by phone call from Daejeon Jung-gu D Building 604, Jung-gu, Daejeon, and from Jung-gu, Jung-gu, who operates E, that “The Defendant would sell 2 truck vehicles G in the E and H New Telecommunications to I for 36 million won.”

However, on December 2014, the defendant did not perform the distribution of the proceeds from the sale of the vehicle that the victim promised to do to himself/herself, and only he/she thought that he/she will take possession of the vehicle for the purpose of securing this, and there was no intention or ability to pay the proceeds from the sale of the vehicle to I by selling the above vehicle.

Nevertheless, the defendant, as mentioned above, received the above vehicles from the injured party on the same day.

2. The Defendant: “I”, “J”, address, and telephone number column in the column of the assignee’s name of the vehicle transfer certificate for the purpose of uttering at the time, location, and location described in paragraph 1; and “I”, respectively, written in the column of the resident registration number column of the vehicle transfer certificate.

However, the above I had no resident registration number, address, and telephone number.

Accordingly, the Defendant forged a copy of the car transfer certificate in the name of I, which is a private document on rights and obligations.

3. The Defendant, at the time, at the time, at the place specified in paragraph 1, exercised the instant investigation document by facsimile as if it was a document in which the certificate of the transfer of a forged motor vehicle was duly formed, as described in paragraph 2, to F, who was aware of the forgery.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A complaint;

1. Application of a falsified certificate of transfer of a motor vehicle, each motor vehicle registration certificate, and account transaction-related statute;

1. Article 347(1) of the Criminal Act, Article 231 of the Criminal Act (the point of fraud), Articles 234, 231 of the Criminal Act (the point of the same Article), Articles 234, 231 of the Criminal Act (the point of uttering of the above investigation document), and each of the fines is selected.