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(영문) 광주지방법원 2014.10.28 2013고정889
사기등
Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[Judgment of the court below]

1. On July 15, 2011, Defendant A’s fraud against Defendant A’s Victim K was conducted in the L office located in Gwangju Mine-gu, Gwangju, while MM was intended to substitute and scrap a special purpose-type cargo vehicle in general. However, as the above cargo vehicle is presumed to be a general cargo vehicle, Defendant A entered into a contract to transfer or take over the above cargo vehicle with Defendant K as if it was a general cargo vehicle, and acquired money of KRW 10 million from the victim as the purchase price of the above cargo vehicle.

2. On August 201, Defendant A’s fraud against Defendant A’s victim N was conducted in the office of the Co., Ltd. located in Gwangju Mine-gu, and the fact is that OM used cargo is replaced and scrapped in general, but it is presumed that the above cargo is a general cargo vehicle, and it entered into an entrustment contract with Defendant N regarding the above cargo vehicle. Defendant A received KRW 1 million from the victim as the purchase price for the above cargo vehicle.

Summary of Evidence

1. The defendant A's partial statement in the first trial record;

1. The K's statement;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

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;

1. The amount that the defendant received to the victims for sentencing shall be returned and agreed with the victims; and

1. The summary of the facts charged is that Defendant A, Defendant B, and Defendant D are persons engaged in each cargo transport business, and Defendant C and Defendant E are corporations established for the purpose of each cargo transport brokerage business. A.

Defendant

A1 False entry in the original notarial deed and the use of the original notarial deed shall be made on February 2010.

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