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(영문) 전주지방법원 군산지원 2019.08.07 2018고단1300

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal Power] On September 18, 2014, the Defendant sentenced four months to imprisonment for a violation of the Road Traffic Act (driving) at the Daejeon District Court. On March 19, 2015, the Defendant completed the execution of the sentence in the Western District Office of the Red Prison on March 19, 2015.

【Criminal Facts】

The defendant is the owner of CTracor and DTracler.

On July 26, 2017, the Defendant, at the F station office located in Sinsan-si E, Sinsan-si, omitted the “victim B” in the indictment.

A correction shall be made ex officio, because it does not seem to be disadvantageous to the defendant's right of defense even if it is obvious that it is a clerical error and it does not go through the amendment procedure

In order to deposit KRW 145 million, including the purchase price, number plate price, expenses, etc., of vehicles, the amount of KRW 85 million set up on the above vehicles shall be terminated and transferred in all of the mortgage equivalent to KRW 85 million, which is set up on the above vehicles. Since the number plate can be sold to thener, it later means that the number plate will be disposed of to another person to return the number plate value.”

However, it is true that the above Track is a motor vehicle with the accident power, and the defendant at the time bears no certain income and bears an installment of KRW 3 million per month, insurance expenses, interest on loans, etc., and even if he receives money from the victim under the name of the victim such as vehicle fees, etc. due to economic circumstances such as the payment of the attorney's fees, etc., it was thought that it would be used for living expenses, attorney's fees, etc., and there was no intention or ability to cancel any mortgage established on the above vehicle. In addition, the above Tracker did not have the right to dispose of it to the victim.

The defendant in its jurisdiction is five million won from the victim to the account under the name of the defendant's wife, such as the purchase price of the vehicle on the same day.

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