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Reasons
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(영문) 수원지방법원 안산지원 2016.02.18 2015고단1291
사기등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a registered automobile to the competent Mayor/Do governor within fifteen days after purchasing it;

On August 30, 2012, the Defendant purchased the E-Ad Automobile from D (D) from the Jung-dong, Dong-gu, Ansan-si, Seoul, to KRW 30 million. In full, the Defendant paid KRW 6 million in cash and transferred the remaining KRW 24 million to the account designated by the said C. However, the Defendant did not file an application for the registration of transfer of ownership with the competent Mayor/Do governor from the time of the purchase until October 2013.

Accordingly, the defendant did not apply for the registration of transfer of ownership of a motor vehicle to the competent Mayor/Do governor within 15 days from the date of purchase.

2. On June 26, 2013, the defrauded provided a motor vehicle registration certificate for a motor vehicle with respect to the said AF, in a false statement to the effect that, within the week operated by the Defendant in Ansan-si, the Defendant: (a) provided the victim G with a motor vehicle registration certificate for the said AF, stating that, “on the loan of money, he/she would offer E UAD motor vehicles as security and make repayment by the end of August 2013.”

However, the Defendant had no intent or ability to repay the borrowed money by the end of August, 2013, and the said car borrowed KRW 12 million from H around October 10, 2012, and had already been offered as security, so there was no value of collateral or very low.

The Defendant, as such, by deceiving the victim, received a total of KRW 13.7 million from the victim, around June 28, 2013 and on two occasions around July 9, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Entry of the defendant's partial statement in the protocol of the examination of the police suspect, and the protocol of the examination of the suspect to the prosecution, and G statement;

1. Statement of the police statement related to G;

1. A complaint, a certificate of deposit, a certificate of cash custody (4, 31, 33, 34);

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