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(영문) 대전지방법원 2013.11.08 2013고단3094

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 19, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Daejeon District Court, and on September 13, 2013, the said judgment became final and conclusive.

The defendant and C have access to a person who wants to purchase a vehicle instead of a vehicle and received the vehicle price and shall pay 3 million won of the vehicle price to the defendant, and when the investigation agency is discovered, the defendant and C have planned to do so as to have been committed by the person who is aware of the personal information.

C contacted with the Defendant with the phone number of the business owner who wants to purchase the vehicle by proxy, and around December 7, 201, when the victim D obtained the phone number of the president of the business owner who works for the victim D, the fact that the victim could purchase and deliver the vehicle in the name of C even though there was no intent to purchase the vehicle instead, and when the victim receives the vehicle from the victim to the one bank account in the name of C, the Defendant immediately decided to transfer the vehicle to the one bank account in the name of C and withdraw the money.

C On December 15, 2011, around 09:30 on December 15, 201, the purpose of C was to make a false statement to the effect that the victim, who was found to have been aware that the vehicle was purchased instead of the vehicle, would purchase the vehicle by purchasing the vehicle on the face of the week by preparing a car transfer certificate and a payment contract in lieu of the vehicle.

In collusion with C, the Defendant, by deceiving the victim and deceiving it from the victim, received 27,724,360 won as vehicle price from the account in the name of C to the account in the same name of C at around 12:08 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on the accused and C;

1. The written statement made by the police with D, the written complaint, the investigation report (Attachment to the passbook transaction statement), and each communication data;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records and investigation reports (report on attachment of related cases);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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