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(영문) 서울동부지방법원 2017.03.29 2016고단2981
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2015, the Defendant of “2016 Highest 2981, the Defendant,” around the 1204-dong Underground Parking Lots of Yong-dong, Nam-gu, Incheon Metropolitan City around November 22, 2015, may receive approximately KRW 13,00,000,000,000,000,000,000,000 won on consignment from the victim C.

If a vehicle is delivered to B, it is intended to sell the vehicle and pay it.

“The purpose was to make a false statement.”

However, in fact, even if the defendant received the above vehicle from the injured party, he did not think of the payment to the injured party, and he did not have any intention or ability to pay the vehicle to the injured party, because he sold the vehicle to the middle and high-ranking seller without delay and planned to pay the defendant's debt.

Nevertheless, the Defendant, by deceiving the victim as such, was issued to the victim a share of 12,200,000 won at the market price from the victim.

On March 4, 2016, the Defendant: (a) sold the said car to a trading company in the middle-income bracket located in the south of Daegu Northern-gu, Daegu-gu; (b) sold the said car to the Defendant’s account in the name of the Defendant; and (c) embezzled KRW 13 million for personal purposes around that time by using the said vehicle for a private purpose. (d) On March 4, 2016, the Defendant: (a) sold the said car to the Defendant’s account in the name of the Defendant; and (b) sold the vehicle to the Defendant’s account in the name of the Defendant; and (b) embezzled the said vehicle for personal purposes.

Summary of Evidence

"2016 Highest 2981"

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. Transfer of a motor vehicle and the original register of motor vehicle registration "2016 Highest 3170";

1. Statement of the defendant in the second public trial records;

1. Statement made by the police against B;

1. Application of consignment contract and loan certificate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 355(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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