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(영문) 대구지방법원 김천지원 2016.10.11 2016고정205
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

From April 2, 2007, the Defendant: (a) from around April 2, 2007 to the victim C with a long-term siren; and (b) the above vehicle did not have the intent or ability to allow the victim to transfer its name because it did not have any intention or ability to transfer its name to the non-disabled person; (c) on March 5, 2015, in order to make the above vehicle a false statement to the victim and to transfer its name, it is necessary to transfer its name to the victim in a false place; and (d) by deceiving the victim from the victim, it was received 3.5 million won from the victim for the transfer of name.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Police investigation report (referring to telephone statement of witness E);

1. The register of automobiles and the certificate of remittance [the defendant asserts that it was not the name of transfer of the name from the victim, but the document related to the sale and purchase was received 3.5 million won as the purchase price was acquired by the victim. However, the following circumstances acknowledged by each evidence of the judgment are as follows: the owner of the vehicle of this case at the time of the crime of this case; E, the representative of F, did not have any document related to the sale and purchase of the vehicle of this case; the defendant stated to the purport that he did not have the right to transfer the name of the vehicle of this case; and the victim who is not the disabled is a gas vehicle and the vehicle of this case could not purchase the vehicle of this case. In light of the fact that the victim could be recognized by deceiving the victim as stated in the facts constituting the crime of this case, and therefore, the defendant's above assertion is not accepted.] The application

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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