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(영문) 대구지방법원 2020.05.14 2020고정24
사기
Text

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

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

Reasons

Punishment of the crime

On April 10, 2017, the Defendant’s vehicle in the office of “C” located in Daegu Dong-gu, Daegu-gu, where the victim seeks to purchase “C” from the office of “C,” is a vehicle with no capacity to repair other than the front driver.

“The phrase was false.”

However, the said car was a car that was dealt with by the automobile insurance accident on September 10, 2015 (the cost of repairing the damaged automobile exceeds the value of the automobile and the damaged automobile is not possible to repair the automobile even if the repair of the damaged automobile is not possible to function as the vehicle).

The Defendant received 3,3720,000 won from the victim as the purchase price for automobiles to the national bank account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A certificate of transfer, financial transaction confirmation, and inspection register of the performance status of used cars attached to a police statement protocol on D;

1. The register of automobiles or the application for registration of movement of automobiles;

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

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The criminal defendant's crime of sentencing on Article 334 (1) of the Criminal Procedure Act of the provisional payment order requires punishment corresponding to the act that harms the order of used cars trading.

However, the punishment shall be determined as per the order in consideration of the fact that the victims have agreed to pay a certain amount of money after the summary order is recognized.

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