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(영문) 수원지방법원 평택지원 2015.10.22 2015고단788
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Although the Defendant was not the owner of Samsung SM5 Automobile (B) but merely leased the said vehicle from Samsung F&M5 Automobile (hereinafter “W”), and even if he was paid the vehicle price after selling the said vehicle to another, he did not have the intent or ability to transfer the ownership, he/she received the vehicle price from the victim C by taking over KRW 13 million in total from the mutual infurnal side on August 29, 2014 to the victim C around the end of May 2013, 2014, with a false statement stating that “The Defendant purchased SamsungM5 (B) at the end of the end of May 2013, and operated Samsung F&5 (B) for a siren, he/she would sell the vehicle if he/she would sell it.” The Defendant received KRW 14 million immediately from the victim as the vehicle price from the victim to September 30, 2014, by taking over KRW 13 million in total until September 30, 2014.

2. On September 2014, the Defendant altered the official document by using the modified portion of the “Lease” part of the “C&A” as indicated in the “C&A” column in the “C&A” column for the final owner of the instant vehicle, which was entered in the name of the Suwon Market for the purpose of exercising at the Defendant’s house located in Snsung-si, Snsung-si.

3. On September 2014, the Defendant: (a) presented the altered register of motor vehicles at the office of Pyeongtaek-si, which was modified as stated in paragraph (2) of the said Article, to C, who is aware of that modification; and (b) exercised the altered register of motor vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes to each deposit details, a copy of the register of automobiles, the original register of automobiles, receipts, and vehicle transfer contract;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 347(1) of the Criminal Act that provides for the choice of punishment (Fraud and choice of imprisonment), Article 225 of the Criminal Act, Article 229 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.

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