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(영문) 서울중앙지방법원 2016.01.29 2015고정4681

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of corporation B.

On March 2, 2009, the Defendant did not have the intention or ability to pay the remaining installments even if he was transferred three vehicles (market price 10 million won) owned by the victim D ( South and North 57 years of age) in Jung-gu, Incheon, Seoul, with three vehicles (market price 10 million won).

Nevertheless, the defendant will pay the victim the installments in good faith after transferring the salary vehicle.

‘Falsely speaking, it received the above vehicle from the injured party and fraudulently acquired it.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A complaint;

1. Investigation report (Correction of the amount of damage), investigation report ( telephone conversations with a witness);

1. Application of a motor vehicle transfer certificate, a deposit receipt, a detailed statement of installment transactions, a waiver, a written consent to the operation of a motor vehicle, a motor vehicle registration ledger, or a sales contract;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;