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(영문) 서울남부지방법원 2016.05.03 2015고정2381
사기등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant was aware of the transaction of used cars at “C” from around 2010 to April 2012 as a person who used to sell and sell used cars at “C” in B, and became aware of around January 2012.

As a result of checking the registration ledger of the said vehicle by entrusting the sale of the E-learning vehicle from D, it was found that the said vehicle was subject to seizure and mortgage, but it was believed that D and F were the owner of the said vehicle to mediate a sales contract for the said vehicle.

On January 21, 2012, the Defendant, at the office of Gangseo-gu Seoul Metropolitan Government (C) around January 21, 2012, through the brokerage of a sales contract for the E-learning passenger car, concluded that it is a normal vehicle by hiding the fact that seizure and mortgage is established on the said car to the victim F, and acquired it by delivery 8,350,000 won from the victim.

2. On February 6, 2012, the Defendant: (a) stated “F” in the column for the special terms and conditions of the car transfer certificate for the purpose of exercising the E-learning car under F’s name at the vehicle registration office of Gangseo-gu, Gangseo-gu Seoul Metropolitan Government, the Defendant forged one copy of the car transfer certificate in the F’s name, which is a private document on the factual verification by sealing F’s seal on the back of the F’s name; and (b) issued it to an employee at the same time and at the same place where it is impossible to identify that the above forged car transfer certificate was duly prepared.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each motor vehicle transfer certificate;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of aiding private documents), Article 234 of the Criminal Act (the point of uttering of the above investigation document), and the choice of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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