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(영문) 대구지방법원 서부지원 2013.05.03 2012고단1135
사기
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 3,00,000 won, and Defendant C shall be punished by a fine of 1,50,000 won.

Reasons

Punishment of the crime

On September 13, 2012, Co-Defendant E and Co-Defendant E expressed the victim's intent to purchase a vehicle in G parking lot located in Seo-gu, Daejeon, Daejeon, as a result of purchasing the victim's H, and E expressed the victim's intent to purchase and sell the vehicle. Defendant A play a role as a purchaser of a vehicle who engages in bond business and entertainment tavern business; Defendant B plays a role as a vehicle expert; Defendant B performs a vehicle inspection as a vehicle expert; Defendant C performs a vehicle inspection; Defendant C prepared documents, such as a sales contract, etc.; Defendant C inspected the external appearance of the vehicle; and Defendant C issued a vehicle from the victim with the vehicle performance inspection.

However, in fact, even if the Defendants and E were to receive a vehicle from the victim, they planned to sell it to a third party and use the sales proceeds to the Defendants and E. Defendant A was not a person operating a bond business or entertainment tavern business, but there was no intention or ability to purchase the above bents, and there was no intention or ability to pay the vehicle to the victim.

The Defendants and E conspired to induce the victim as above, and received from the victim the 62 million won benz car at the market price.

Summary of Evidence

1. Defendants’ partial statement

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. The protocol of prosecutorial statement concerning H;

1. Application of Acts and subordinate statutes on police statements to H, J and K;

1. Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. Determination of imprisonment with prison labor for Defendant A, and for Defendant B and C, respectively;

1. Defendant B and C in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A who suspended execution: Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e., the crime in this case led by E, the degree of his participation does not seem to exist

1. Defendant B and C: each of them.

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