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(영문) 광주지방법원 2016.12.23 2016고단4076
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant is a person who occupies C 2006 Benz S350 vehicles.

On March 30, 2016, the Defendant made a false statement to the victim E at the Defendant’s house located in Gwangju Mine-gu, stating that “The 2006-type Benz vehicle is a pro-friendly fluorial fluorial fluor, and the amount of taxes, including acquisition tax, is not more than KRW 6 million. The Defendant paid the purchase price at KRW 20 million, and paid KRW 14 million, excluding the amount of fluor tax, to the owner of the vehicle immediately, as the owner of the vehicle contacts.”

In fact, the right to collateral security was established on the above Benz vehicle with the claim value of KRW 60 million, and it was not transferred in the name of "Magman vehicle". Thus, even if the victim received money in the name of the purchase price for a vehicle, there was no intention or ability to cancel the right to collateral security in addition to the tax amount of KRW 6 million and to transfer the name.

The Defendant, as such, by deceiving the victim, received KRW 14 million from the victim to the account in the name of gambling, which is the child of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Entry of each part of the prosecutor's office and police suspect interrogation protocol on the accused;

1. Each statement made by the police officer in relation to E and F;

1. The Defendant, on October 24, 2014, lent KRW 15 million to G and received the instant benz vehicle as security by means of the account transfer, the register of automobiles, the copy of the registration certificate, the certificate of personal seal impression, and the letter of power of attorney. On March 30, 2016, the Defendant denied the charge premised on the fact that on March 30, 2016, the Defendant transferred the instant loan claim against G to the victim at KRW 14 million and delivered the secured benz vehicle together with the secured benz vehicle to the victim.

However, the victim's statement about the background of finding the defendant, the vehicle transaction process, and the situation after the crime is consistent and specific.

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