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(영문) 수원지방법원 2020.02.14 2019고단5172

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

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


Punishment of the crime

At around 14:40 on July 19, 2019, the Defendant called the victim B to sell the vehicle in 2014-type CGG7 vehicle, which is the maximum distance of 110,000 kilometers. Although a mortgage has been established, the Defendant would be terminated by July 22, 2019.” On the same day, the Defendant met the victim at the front parking lot of the D Building in Suwon-si, Suwon-si, Suwon-si, and at around 18:30 on the same day, the amount of installments remaining as the secured debt of the mortgage established on the vehicle is KRW 1.6 million. The Defendant concluded that the vehicle sales amount would be terminated on July 22, 2019.”

However, in fact, even though the remaining amount of secured debt of the mortgage established on the above vehicle was approximately KRW 23 million, the Defendant did not notify the victim of the above remaining amount of secured debt. The Defendant merely intended to use the above vehicle sales amount from the victim to repay E Bank loans and “F” liability, which are one’s own other debt, even if it was paid by the victim due to the economic situation at the time, and there was no intention or ability to cancel the above mortgage even if it was paid by the victim.

On the same day, the Defendant received KRW 5,993,00 from the victim to the H bank account (I) in the name of G from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint, certificate of motor vehicle transfer, copy of motor vehicle registration certificate, remittance details, data output of text messages dialogue, and copy of suspect A's name box;

1. Data on output of the details of entry and departure transactions, and the cost of termination of mortgages;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of materials submitted by a complainant);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;