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(영문) 수원지방법원 안산지원 2013.09.24 2012고단2563 (2)

사기등

Text

Defendant

A shall be punished by a fine of 4,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. The Defendant B, as if he borrowed a passenger car from an individual siren operator E, F, G, H and illegally operated the car, he borrowed the car, and subsequently conspired to have the car divided the sales proceeds after disposing of it on a large-lane.

E promised to transfer the list of personal sirens to F and G, and F and G to pay KRW 1 million in return for the loan of the name from Defendant B introduced through H.

Accordingly, at around 14:00 on August 4, 2012, Defendant B made a false statement to the victim that “IW car is lent KRW 9.5 million if IW car is lent from the victim D, it will be returned after use for 4 days after it will be returned,” and E sold it to the J of the Republic of Korea by a person in a name in default.

As a result, Defendant B, in collusion with E, obtained the above car in the amount of KRW 80 million at the market price owned by the victim from the victim.

2. On September 10, 2012, Defendant A: (a) sufficiently aware of the fact that the car owned by D was stolen by E, but agreed to receive the payment from K; (b) driven the car to a public parking lot near Gangnam-gu Seoul Metropolitan area; and (c) conveyed the car to L by delivering it to the public parking lot near Gangnam-gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of examination of the witness to E, F, H, G, and K in this Court;

1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;

1. Relevant Article 362 (1) of the Criminal Act and Article 362 (1) (Selection of Fine): Defendant B: Articles 347 (1) and 30 of the Criminal Act;

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

1. Suspension of execution (Defendant B) Article 62(1) of the Criminal Act