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(영문) 대구지방법원 서부지원 2016.05.26 2016고단640
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From February 2014, the Defendant had operated “AZ gas station” and “BA gas station” in the name of AY from February 2, 2014. AY is a person who registered the business under the name of “AZ gas station” and “BA gas station” upon the Defendant’s request.

On August 2014, the Defendant and AY purchased a vehicle in the form of a lease contract under the name of AY, a gas station operator, and conspired to sell it.

Accordingly, around August 8, 2014, AY purchased one vehicle for 62,362,580 won at the market price of the victim's Dog Capital Co., Ltd. from the victim's Dog Capital Co., Ltd. in the form of lease, and purchased one vehicle for 2,647,400 won for 2,60,000 won for 20,000 won for 20,000 won for 20,000 won for 20,692,140 won for 20,000 won for 20,000 won for 20,000 won for 20,000 won for 20,000 won for 20,000 won for 20,000 won for 20,000 won for 20,000 won for 20,000 won for 20.

However, even if the defendant and the AY were delivered two vehicles from the injured party, they were intended to dispose of them to another person by the 's 's 's 's 's 's 's 's 's vehicle', and there was no intention or ability to return the vehicle to the injured party when the contract is not made.

The defendant and AY conspired, by deceiving the victim in such a manner, and by deceiving the victim, they acquired two AY vehicles with the total market value of KRW 112,054,720 on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the examination of suspects A by the prosecution;

1. Each police statement made with respect to BE and BF;

1. Each contract for leasing motor vehicle facilities and each motor vehicle registration certificate;

1. - Application of trading laws and regulations

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. The instant crime committed on the grounds of sentencing alternative to imprisonment with prison labor is planned in collusion with the accomplice in advance who will sell the so-called large vehicle by leasing the new vehicle to the Defendant.

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