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(영문) 서울중앙지방법원 2018.01.25 2017고단1209
사기등
Text

Defendant is punished by imprisonment with prison labor for the crime of 2017 order 1209 order, and the crime of 2017 order 3028 order.

Reasons

Punishment of the crime

[criminal records] On October 25, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Incheon District Court on June 2013, and the judgment became final and conclusive on November 2, 2013. On February 18, 2016, the Seoul Central District Court sentenced the Defendant to six months of imprisonment for occupational embezzlement, etc., and the judgment became final and conclusive on May 13, 2016.

[2017 Highest 1209] The defendant is a person who is engaged in the secondhand trading business in Seocho-gu Seoul Metropolitan Government C's D.

On November 11, 2015, the Defendant sold a diesel vehicle to the victim E, who purchased a used vehicle at the above location, in 2015, with a large amount of accident that would be equivalent to KRW 54,406,80 in repair cost, the Defendant made a false statement that the Defendant was a vehicle with a history of coloring the back part of the vehicle without a large accident.

The defendant deceivings the victim as above and acquired the amount of KRW 26,920,00 from the victim as the cost of succeeding to the lease following the purchase of the vehicle.

[2017 Highest 3028] On May 31, 2012, the Defendant borrowed KRW 27 million from G, offered the above camping car as collateral with the consent of J, the owner of the Bacping Back, which is registered under H, and issued documents necessary for the transfer of the motor vehicle, such as a certificate of personal seal impression in the name of H, and a certificate of motor vehicle transfer.

On July 2012, the Defendant: (a) caused K to have the above camping car, and (b) caused K to have the said camping car, thereby getting K to drive the said camping car at a public sports park parking lot located at the center of Overcheon-si, 294, approximately KRW 70,000,000 in the market price of which G was kept at the public sports park parking lot located at the center of Overcheon-si.

Summary of Evidence

[2017 Highest 1209]

1. Partial statement of the defendant;

1. The legal statement of witness E and H;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police for E;

1. The head of a complaint, a motor vehicle transaction contract, a report on history information about the second accident, and a report on maintenance and management records, respectively;

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