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(영문) 대구지방법원 포항지원 2019.05.16 2018고단1068
사기
Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 30, 2016, the Defendant concluded a contract to purchase the number plate to purchase the vehicle E, F, and to purchase the vehicle, but the down payment is KRW 8 million if not paid. The Defendant purchased the number plate and paid KRW 2 million each month, and repaid the total sum of KRW 18 million up to July 30, 2017 to the victim C’s wife located in Nam-gu, Nam-gu. The Defendant concluded a false contract to purchase the vehicle. The Defendant concluded a contract to purchase the number plate to purchase the vehicle, but would have a mortgage over the vehicle owned within the Republic of Korea.”

However, at the time of fact, the Defendant was operating a cargo vehicle, but did not own two cargo vehicles, and did not enter into a contract to purchase a new cargo number plate. There was approximately KRW 23 million of the existing debt, and as a cargo engineer, there was no intention or ability to repay the amount of KRW 2.5 million each month even if the Defendant borrowed money from the victim, such as the situation in which the previous debt should be repaid.

Nevertheless, the Defendant deceiving the victim as above and received 6 million won from the victim, i.e., the H account (I) in the name of the Defendant.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on account transactions, loan certificates, and cash custody certificate;

1. Relevant laws and the choice of fines under Article 347(1) of the Criminal Act regarding criminal facts and the choice of punishment. The criminal records were punished three times as a crime of fraud, and criminal records were punished as a crime of embezzlement, which are being punished as a crime of embezzlement, but the nature of the crime is not somewhat weak, but it is against the wrongness of the crime, and it is extremely large that the victim has agreed with the victim.

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