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(영문) 광주지방법원 순천지원 2018.01.29 2017고정580
사기
Text

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

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

Reasons

Punishment of the crime

On August 31, 2012, the Defendant introduced the Victim E through C, C, and D, and made a false statement to the effect that, at a place where it is difficult to know the place where the Defendant would sell coos and coos car two automobiles leased by the LitC Company, the Defendant would have the right to dispose of the said two automobiles, as if the Defendant had the right to dispose of the said coos and coos, and that, “I would allow the Defendant to purchase the said coos by changing the said coos to a general vehicle after 10 days.”

However, the defendant did not have any authority to dispose of the above siren 2 to others, and there was no ability or intention to replace the above siren 2 with a general vehicle as agreed to by the victim because there was no ordinary vehicle in possession.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 8 million from the victim, to the account in the name of C around August 31, 2012, and received KRW 15 million from the same account around September 1, 2012 to deliver KRW 23 million in total as the down payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to complaint filing and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, and fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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