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(영문) 대전지방법원 천안지원 2014.04.17 2013고정1080
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 20:50 on February 28, 2013, the Defendant: (a) stopped a FF white franchise, the Defendant owned; (b) made a false statement to the effect that the Defendant would make a payment for oil to the victim, as if he would pay the Plaintiff, at the E station operated by the victim D in Chungcheongnam-si, Chungcheongnam-si; and (c) made a false statement.

However, the defendant only attempted to flee the gasoline in the above vehicle as it is, and did not have the intention or ability to pay the oil price.

As above, the Defendant, by deceiving the victim as above, obtained gasoline equivalent to 11,000 won at the market price from the victim and acquired it by deception. 54.042 liters at the same place.

2. Any person who has acquired a registered motor vehicle by transfer shall file an application for registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, even though the Defendant received 1.7 million won from G around February 16, 2013, he did not file an application for the registration of transfer of ownership of a motor vehicle even though he/she acquired Fchip XG vehicles.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, J and D;

1. A protocol concerning the examination of suspect of the accused (1, 2 times);

1. Statement of police statement made to H and I;

1. Two copies of photographs, and comprehensive shop drawings for vehicles;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List Nos. 2);

1. Relevant Article 347(1) of the Criminal Act; Articles 81 subparag. 2 and 12(1) of the Automobile Management Act; selection of a fine for a crime;

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

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

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act and the judgment of the defendant in regard to the crime of fraud in the judgment of the court below are different from that of the defendant that the J, who is not the defendant, provided gasoline to the vehicle and escaped.

J and I, the scambed passenger, consistently with the fact that the Defendant driven the instant vehicle and parked in the E stations.

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