beta
(영문) 의정부지방법원 고양지원 2016.02.19 2015고단2813

사기

Text

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

Reasons

Punishment of the crime

On October 10, 2013, the Defendant transferred the victim D’s van to the victim “F 25 passenger cars (e.g., the F 25 passenger cars) affiliated with E, which was owned by the Defendant, 44 million Korean passenger cars (e.g., the F 30 million Korean passenger cars).

Although installment payment remains in KRW 10 million, it was false as "I ambling about whether to pay an installment and pay an installment."

However, in fact, the above van was taken over by the defendant, and if the defendant operated the above van and paid the remaining amount after deducting the installment from E to his profit, the profits were not possible to pay the installment, and the remaining installment at the time of the transfer to the victim was also about KRW 20 million. On other vehicles operated by the defendant, there was an economic situation where it was impossible for the defendant to pay the installment normally even if he was able to receive the money from the injured party due to a significant occurrence of the enemy, so there was no intention or ability to transfer the above van's ownership to the victim completely without any problem.

On October 24, 2013, the Defendant: (a) by deceiving the victim; (b) obtained the delivery of KRW 44 million to the corporate bank account in the name of the Defendant on the same day, namely, KRW 10 million from the same day under the name of the victim; and (c) obtained the delivery of KRW 34 million from the corporate bank account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to each investigation report (including evidence No. 10, 15, accompanying documents), such as a complaint, a certificate of transfer of a motor vehicle, a register of motor vehicle registration, a certificate of deposit, a certificate of confirmation, a certificate of process, etc.;

1. Determination as to the defendant's assertion of the relevant Article of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 347 of the Criminal Act concerning the selection of punishment for imprisonment

1. The head of the State, in consultation with the victim, provided the victim with Lone Star vehicle instead of the Lone Star vehicle (hereinafter “instant vehicle”), and the victim thereafter operates Lone Star vehicle for one year.