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(영문) 서울서부지방법원 2016.08.18 2016고정324
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 20, 2015, the Defendant was sentenced to a suspended sentence of ten months for embezzlement at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and the said judgment became final and conclusive around that time.

The Defendant was using a car under the name of husband D from Ariju Capital who owned CAridi car in the name of husband D on July 20, 2012. On August 20, 2014, the Defendant was not aware of the vehicle occupant after he lent it to E on the ground that he had not been aware of it.

Since then, the Defendant knew the fact that the above-mentioned vehicle was entrusted by F to F as debt security through the needy, and had the Defendant paid expenses such as the cost of the vehicle security, etc., with the intent to recover the said vehicle, by making it false, and on April 23, 2015, at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government G, the Defendant would pay the victim H the expenses incurred in searching the vehicle through F.

“False speech was made to the effect that it was “.”

However, the defendant did not have the intention or ability to pay the expenses even if the damaged person finds a vehicle.

Nevertheless, the Defendant, by deceiving the victim and requiring the victim to pay KRW 15 million to I as the person who has a security interest in the above Awdidi vehicle, received the above Awdi vehicle and parked the said Awdi vehicle in the parking lot located in the Songpa-gu Seoul High Court around April 18:00 on April 23, 2015.

The Defendant did not implement the promise to pay the expenses promised and had D, the husband of the victim following the death of the victim, drive the said car using the auxiliary key, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Each legal statement of the witness K and E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police with H;

1. F's certificate (including a copy of an additional passbook);

1. Previous Records: Investigation report (Attachment of the text of the judgment), criminal history inquiry (the defendant and his defense counsel shall bear the expenses at the time and the F or H shall bear the vehicle.

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