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Reasons
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(영문) 수원지방법원 2016.05.25 2015고단3754
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 15, 2014, the Defendant: (a) on consignment sale of the victim D vehicles, the Defendant made a false statement to the effect that he/she would use the price for personal debt repayment, etc. even if he/she sold the victim D vehicles, and that he/she would immediately pay the price at the highest price to the victim despite the absence of the intent or ability to pay it to the victim; (b) sold the vehicle to KRW 32,90,000 by delivery from the victim to the victim; and (c) acquired the pecuniary benefits equivalent to KRW 27,012,948, excluding KRW 5,887,052, the remainder of the vehicle installments, excluding KRW 5,000.

The written indictment states that “27,012,948 won was stolen,” but according to the remaining facts charged and the evidence duly adopted and examined by this court, it does not seem to be an obstacle to the exercise of the defendant’s right to defense even if it was corrected without any changes in indictment, and thus, it shall be corrected ex officio as above.

2. On January 16, 2015, the Defendant made a false statement to the G Trading Company located in the F at Sungsung-si, stating that the Defendant would have used the victim’s purchase price for personal debt, etc. even if he/she sold the victim’s D vehicle on consignment, and would have paid the price to the victim, despite having no intention or ability to pay it to the victim, the Defendant would sell and sell the HM truck at KRW 54,000 and sell it at KRW 54,00 after receiving the truck from the victim, and then, he/she acquired the pecuniary benefits equivalent to KRW 33,480,000,000 other than KRW 33,480,000,000, which was remitted to the victim. However, each of the above states was corrected ex officio for the same reason as the above.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to D or I;

1. A complaint filed in D;

1. Detailed statement of transactions;

1. The original register of automobile registration;

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