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(영문) 의정부지방법원 고양지원 2015.07.22 2015고단1340
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 9, 2014, the Defendant: (a) made a false statement that “the vehicle is financed under the name of the victim and purchased the vehicle; and (b) the purchased vehicle is changed to B; (c) the vehicle installments shall be paid at the prices of the vehicle and KRW 30-500,000 per month to thener; and (d) made the victim purchase the vehicle by borrowing the purchase price from the Dog Capital Co., Ltd. on June 9, 2014 in the name of the victim’s wife C.

However, even if the defendant received the vehicle from the victim, he did not have the intention or ability to pay the installment of the vehicle.

As such, the Defendant, by deceiving the victim, was found to have been using a used motor vehicle of the amount of KRW 37,300,000,000 at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint (including evidence of subparagraphs 2 through 5 of attached documents);

1. Investigation report (Attachment of account transaction statement in the name of a suspect), request for delivery of the register of automobiles and application of reply statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of having been punished several times for the defendant for the same crime. In particular, even though the defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. on September 11, 2012 at the Jung-gu District Court Goyang Branch Branch on September 11, 2012, he committed the instant crime during the period of repeated crime even though he/she was sentenced to imprisonment with prison labor

However, in particular, the fact that the defendant led to the crime, paid 30 million won to the victim, and the victim wanted the defendant's wife.

The above circumstances and the defendant's age, character and conduct, relationship with the victim, motive and background of the crime, details of the crime, circumstances after the crime, and other conditions of sentencing shall be taken into consideration as ordered.

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