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(영문) 부산지방법원 2016.05.31 2016고단841
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 5, 2015, the defendant in the French Franchi in the currency with the defendant's friendship victim B, and "I will sell the car by our type C. which is our type of property.

The franchise shall be free from the purchase price of 10 million won for vehicles to D with automobiles.

It will be dealt with without problems.

The phrase “assumed,” received KRW 10 million from the person who believed it through D, from the victim who believed it.

However, the franchise was owned by the defendant-friendly E, and the defendant did not have the right to dispose of the above vehicle because he did not have any delegation from the above E on the disposal right.

Accordingly, the defendant deceivings the victim, thereby deceiving 10 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Act and subordinate statutes to the investigation report (No. 4 of the evidence list);

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. An agreement has been made with the victim on the fact that there is no record of criminal punishment exceeding the fine as to the fact that the nature of the crime is more favorable than the fact that a person sells a pro-owned motor vehicle without the consent of a superior sentence unfavorable to the reason for sentencing under Article 334(1) of the Criminal Procedure Act and intends to repay his/her obligation, and thus, there is no record of criminal punishment exceeding the fine. In addition, the punishment as set forth in the order is determined by comprehensively taking into account the Defendant’s age, sex, environment, circumstances leading to the crime, etc.

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