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(영문) 서울동부지방법원 2012.03.23 2012고정456
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 31, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Gyeyang Branch of the District Court on March 31, 2008, and the judgment became final and conclusive on December 27, 2008.

The Defendant and B, around February 20, 2008, used for only one month at the Namnam Branch Co., Ltd., Ltd., and provided as security the vehicle from D around February 21, 2008 by borrowing KRW 25 million from D, and around February 29, 2008, the vehicle was transferred as security by means of using only one month at the port of Shoene, Inc., Ltd. on February 29, 2008. The vehicle was received from D and 20 million won from D around February 29, 2008.

The Defendant and B followed the Defendant’s speech that no money will be paid to D if the Kugren Ka Co., Ltd. demanded D to recover the vehicle, and that the Defendant “I will once sell and purchase the vehicle, give D money so that it would be resolved at an early time to prevent the Defendant from filing a complaint,” and the Defendant agreed to contact D with DF to sell the vehicle in order to return the money to D.

Around April 7, 2008, the Defendant and B conspired with the apartment complex in which the name located in the Yongsan-gu in Yongsan-si is not known. The fact is that the above victim did not have the intent or ability to transfer ownership normally even if the above victim sold the above Crlur car 1 and the above Crur car 1, but the above victim did not have an intention or ability to transfer ownership normally. The above victim stated that "the above passenger vehicle will transfer ownership of 40 million won as the purchase price with the vehicle sold with the approval of an executive officer of Frura Co., Ltd." The above victim obtained 40 million won from the above victim immediately as the purchase price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Previous convictions in judgment: the application of Acts and subordinate statutes of investigative reports (abstinence of judgments);

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