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(영문) 대구지방법원 2015.01.09 2014고단3792
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant borrowed an additional amount of KRW 15 million from the victim’s existing debt amounting to KRW 35 million in front of the office of the victim C located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and provided the victim with a car of KRW 50 million in the name of 20 days if he/she repaid the money, and if he/she fails to pay the money, he/she will have the son transfer the vehicle to her name.” The Defendant provided the DozS530 car managed by the Defendant as security.

After that, on November 2013, the Defendant made a false statement to the victim’s office located in the Cheongdo-gun of Gyeongbuk-do-gun, which read, “I will sell the benz vehicle first to the author, I will sell the benz vehicle, and pay the fenz’s debt with the money.”

However, in fact, the defendant was in a bad credit position without any particular property or income, and there was no person who would purchase benz vehicles at that time, so even if he received the above benz vehicles from the victim, he did not have the intent or ability to repay the obligation to the

The Defendant, by deceiving the victim as such, was issued a passenger car with approximately KRW 38 million at the market price on the same day by the victim.

Accordingly, the defendant, by deceiving the victim, acquired approximately 38 million won benz car.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of a part of the prosecution against the accused (including the C substitute part of the interrogation);

1. Protocol concerning the examination of suspect E by the prosecution (including the defendant and the part concerning the replacement of the defendant C);

1. A copy of the protocol of partial prosecutorial statement concerning C (including the replacement part of the defendant);

1. Statement of the police statement regarding C;

1. A complaint, a letter, an account statement, an investigation report (in relation to attachment to the vehicle), an investigation report (in relation to the F of the vehicle owner), an investigation report, an attached estimate, an investigation report (in relation to attachment to the Daegu District Court decision), a written judgment, a criminal investigation report (in relation to attachment to the statement of reference), and a written statement of reference;

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