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(영문) 대구지방법원 2016.04.15 2016고정528
사기
Text

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

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

Reasons

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to imprisonment for six months for a violation of road traffic law at the Daegu District Court, and the judgment became final and conclusive on January 22, 2016.

The Defendant, at around 15:00 on November 12, 2014, was operated by CM7 vehicles in the name of B and the victim D in the south Ocean Industry of Docheon-gu, Docheon-do, Docheon-do, Doncheon-do, Doncheon-do, Doncheon-do, Doncheon-do.

The EF contract for the transfer of vehicles is concluded, and the above SM7 vehicle is delivered to the victim on the same day and 850,000 won was delivered to the victim in cash.

Since then, the Defendant and B are invited to return the above SM7 vehicle from the injured party. On November 27, 2014, the Defendant and B are offered to return the said SM7 vehicle from the injured party, and at the fourth wharf of the Musan Port located in the Sung-gu Newdong, Sung-gu, Sung-si, Busan., the Defendant and B should prove the fact that the Defendant and B obtained a loan from the Hyundai Capital Badles while purchasing the SS7 vehicle, and that the loan was overdue, and thus,

When SM7 car is borrowed at the time of locking, it was false to return it after the mold.

However, the defendant and B did not think that they should return the above vehicle to the victim.

The Defendant, in collusion with B, by deceiving the victim as above, received the above SM7 vehicle at the market price equivalent to 6.7 million won owned by the victim from the victim and acquired it by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by the police with regard to D;

1. Letter of vehicle transfer, inquiry of transaction details, and original register of automobile registration;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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