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(영문) 부산지방법원 2013.09.27 2012고정5776
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is working for a middle-standing seller who works in D Co., Ltd. in Busan-gu.

At around 10:30 on February 29, 2012, the Defendant sold the F E-cub car to the victim E, and the mileage of the said car is 110,000 km at present, and as the odometer is short compared to the annual formula, the Defendant made a false statement that the vehicle will be purchased at KRW 7.3 million.

However, the fact that the said car is in operation of the main driving trade, and the actual odometer exceeded 190,000 km.

The defendant sold the above car to the victim and received 7,300,000 won from the victim's seat as the vehicle price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. A motor vehicle transfer certificate and a motor vehicle registration certificate;

1. Application of Acts and subordinate statutes to a report on investigation;

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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