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(영문) 서울서부지방법원 2014.05.20 2013고정2764
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is an employee who works as an employee.

On October 10, 2012, the Defendant made a false statement to the victim C that “A vehicle will be transferred by no later than October 24, 2012, on the face of the week” at the “B office located in Yeongdeungpopo-gu Seoul, Youngpo-gu, Seoul.”

However, the Defendant already provided the DK5 vehicle to another person as security, and did not have the said vehicle with a gold of KRW 17 million.

Therefore, there was no intention or ability to transfer the vehicle to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received a sum of KRW 1.5 million from the victim to the community credit cooperative account (Account Number: E) in the name of the defendant, 80,000 won from the 24th of the same month, and 3 million won from the 31th of the same month, and acquired it by deceit.

Summary of Evidence

1. Partial description of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the register of automobiles, registration certificate, delegation letter of automobile transfer, certificate of automobile transfer, confirmation, and details of deposit transaction Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

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