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(영문) 서울동부지방법원 2016.04.14 2015고단2993
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2014, the Defendant became aware of the fact that the victim C was towed at the storage facility of towing vehicles in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, that the victim C was towed to the storage facility on the ground that the car owned by the victim C was unpaid in the fine for negligence.

In order to solve the problem such as administrative fines imposed on the car of the franchise, the defendant did not know the victim's address after receiving a written notice of administrative fines for the above vehicle from the Yeongdeungpo-gu office located in Yeongdeungpo-gu Seoul Metropolitan Government on the same day, and found out the fact that the victim was hospitalized in the F Hospital located in Yeongdeungpo-do, Gangwon-do.

On June 2014, the Defendant would pay the victim a fine, tax, etc. imposed on the above franchise vehicle to the victim at the F Hospital on the F Hospital on the first day of June 2014, and then dispose of the vehicle within one month after cancelling the seizure.

“Falsely false.”

However, the Defendant did not have any particular property at the time and could not pay 6 million won on behalf of the Defendant, such as taxes imposed on the said vehicle, and there was no intention or ability to dispose of the said vehicle within the month, thereby making it possible for the Defendant to pay 7 million won to the victim.

On the same day, the Defendant received a certificate of seal impression necessary for the relocation of a vehicle from the injured party at the F Hospital on the same day, and made a person whose name is unknown, and towing one motor vehicle in the market value, which is the victim's possession while keeping in the storage of the towing vehicle, to the victim.

Accordingly, the defendant had a single motor vehicle in the market market by deceiving the victim.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Partial statement of the witness C;

1. Statement by the police in relation to C and G;

1. The original register of motor vehicle registration (the defendant is obliged to pay taxes, administrative fines, etc. imposed on the above vehicle C.

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