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(영문) 광주지방법원 순천지원 2015.03.06 2014고단1479
사기
Text

Defendants shall be punished by imprisonment with prison labor for four months.

However, for two years from the date this judgment became final and conclusive, defendant A, B, and C.

Reasons

Punishment of the crime

[criminal record] On August 22, 2013, Defendant C was sentenced to one year of imprisonment for a crime of fraud at the Daejeon District Court, which became final and conclusive on August 30, 2013; Defendant D was sentenced to ten months of imprisonment with prison labor at the Seoul Central District Court for a crime of fraud, etc. on November 24, 2011; Defendant C was released on May 25, 2012 and the parole period expired on June 9, 2012 during the execution of the sentence.

【Criminal Facts】

Defendant

A, Defendant B, and Defendant C introduced the nominal purchaser of a domestic vehicle in a trade company exporting domestic vehicles overseas, and received a fee in the name of the introduction fee from the trade company. Defendant D, who borrowed the domestic vehicle purchase name, was willing to acquire the vehicle price by deceiving the employee of the trade company as if he purchased the vehicle.

On August 30, 2012, at the G coffee shop located in Daejeon-gu, Daejeon, the Defendants conspiredd to the effect that “The Defendant, a trade company employee, entered into a contract with the victim H to purchase two of the Lone Starex vehicle in the name of D from the present vehicle business store at KRW 51,80,000,000. It would immediately transfer the said vehicle to the trade company.”

However, there was no intention or ability to transfer the Costaex vehicle to the victim even if the victim receives the cost of the vehicle due to the purchase of the Costaex vehicle in the name of the defendant D.

The Defendants deceptioned the victims as above, and acquired 51,80,000 won from the agricultural bank account in the name of Defendant D as the vehicle price on the same day from the victims.

Summary of Evidence

1. Each legal statement of the defendant A, B, and C;

1. Each legal statement of witness A, B and C;

1. Each police statement of H;

1. A report on investigation (a detailed statement of account transactions) and a statement of account transactions in each D name;

1. Previous convictions in judgment: Criminal records, inquiry into criminal records (C, D), investigation reports (a copy of judgment of the same kind of power of a suspect C), and criminal investigation reports;

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