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(영문) 청주지방법원 2015.03.12 2014고단449
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On May 31, 2012, the Defendant was sentenced to a suspended sentence of two years on October of imprisonment with prison labor due to the charge of forging private documents at the Jung-gu District Court on May 31, 2012, and the judgment became final and conclusive on June 8, 2012.

【Criminal Facts】

On September 10, 2008, the Defendant stated that “The Defendant would purchase a vehicle at a low price in the main face of the vehicle and sell the proceeds therefrom.” On September 10, 2008, the Defendant stated that “The Defendant would buy a vehicle at a low price in the main face of the vehicle and sell the vehicle.”

However, even if the defendant receives money from the victim for the purchase of the vehicle, he did not have the intention or ability to pay the proceeds to the victim by selling it.

Nevertheless, on September 10, 2008, the Defendant, by deceiving the victim as above, received 15 million won from the Nonghyup Bank account in the name of the Defendant’s wife from the victim for the purchase of vehicles, and acquired 41 million won in total from the Defendant to the Korean bank account in the name of F around September 11, 2008, and around September 12, 2008.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Each prosecutor's protocol of examination of the accused;

1. Report on investigation (report on the contents of currency);

1. Recording records;

1. Each register of automobiles;

1. Details of financial transactions (E), copies of each passbook (E), copies of bankbooks (Evidence No. 21), notes, and promissory notes;

1. A previous conviction in the judgment: Criminal history records, investigation reports (report attached to the judgment, etc.), court rulings [the sum of KRW 41 million as stated by the defendant and the victim are consistent with the defendant] stated that the defendant was given and received for three vehicles, such as HH Ecoos, I Ecoos, and Jruss (No. 137, 138 pages of investigation records). However, at the time of the instant case, the defendant is separate from G, along with the vehicle security loan business, etc. (hereinafter referred to as “the vehicle security loan business”).

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