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(영문) 부산지방법원 2016.03.30 2014고단10295
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 27, 2013, the Defendant: “Around July 27, 2013, the Defendant has operated a siren company” to the victim C at a Buddhist place located below the Busan Seo-gu, Busan. If 100 million won has been invested, the Defendant would set up a collateral security on the two vehicles of the Arabic owned by the present, and would pay the profits by operating the said vehicle.

In addition, if 100 million won is invested, 8 Korean vehicles will be purchased with the money, and the mortgage will be established on the vehicle and the profits from operation will be paid.

“On July 30, 2013, the Plaintiff received KRW 100 million from the injured party with the investment deposit for the two vehicles of the said U.S. on July 30, 2013, and established a collateral security on the two vehicles of the said U.S. on August 1, 2013, and thereafter, the re-victim purchased the vehicle on the first priority of KRW 50 million with the sales deposit for the eight vehicles of Korea and set up the collateral security.

“.......”

However, even if the Defendant received from the injured party the investment funds for 8 Korean vehicles, other than the investment funds for 2 Korean vehicles, it was thought that they would be used for the purpose of returning the investment funds received from another person, and there was no intention or ability to establish a collateral security after purchasing domestic vehicles with such money.

As above, the Defendant: (a) by deceiving the victim; (b) obtained a total of KRW 50 million from the injured party on August 1, 2013; and (c) received an additional KRW 3 million on August 14, 2013.

Summary of Evidence

1. Each statement of the witness C, D, E, and F in the second public trial records;

1. Statement C in the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Each police statement made to C, D, and E;

1. Application of Acts and subordinate statutes of each original register of motor vehicle registration;

1. Article 347 (1) of the Criminal Act by universal title with respect to the facts constituting an offense;

1. Selection of a selective fine of punishment (the fact that the defendant deposits both the money acquired through deception and most damages are expected to be recovered, the degree of deception is weak, and the defendant does not have sufficient funds.

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