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(영문) 서울남부지방법원 2017.01.11 2016고정613
사기미수등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in building business in C.

1. On June 15, 2015, the Defendant attempted to commit fraud, at the Seoul Southern District Court located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul District Court, and on July 31, 2014, the Defendant completed the registration of ownership transfer under the name of the Defendant with a vehicle owned by the victim under a trust from the injured party, and the damaged party decided to occupy the vehicle.

Nevertheless, the defendant did not know that he received the trust of the above vehicle in the name of the owner of the vehicle and received the ownership transfer in the internal relationship.

Thus, even if the defendant received a trust from the above victim on July 31, 2014, the defendant prepared a complaint for a claim for extradition, such as a motor vehicle that has been transferred by sale, and submitted it to the above court.

2. No person in violation of the Automobile Management Act shall be detached from the registration number plate and seal of a motor vehicle, except where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts;

Nevertheless, the Defendant’s written indictment written on July 3, 2015 (hereinafter “Defendant’s written indictment”) is a clerical error in the “2015 July 3, 2015” and does not seem to substantially obstruct the Defendant’s exercise of the right of defense in light of the Defendant’s change of defense. Therefore, the Defendant’s correction ex officio is ex officio.

The front number plate of the vehicle owned by the victim, which is parked in the Seoul Mapo-gu parking lot for the "Seoul Mapo-gu" parking lot at the address of the victim due to time.

3. The Defendant damaged property by means of the same paragraph 2. The Defendant: (a) prevented the victim from operating a hyd (D) vehicle; and (b) affected its utility.

4. On August 5, 2015, around 09:40 on August 5, 2015, the Defendant: (a) stolen one vehicle with the market value of KRW 50 million, which is the victim’s ownership, parked in the Seoul Mapo-gu parking lot for “Seoul Mapo-gu” parking lot at the victim’s domicile; and (b) by using a car key issued at a Arabic burial.

Summary of Evidence

1. Part of the defendant;

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