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(영문) 광주지방법원 2016.09.21 2016고단2648
사기
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A was registered under the name of the Defendant on May 19, 2008 with the consent of the partner D to purchase the Cenz car amount. On September 7, 2015, Defendant A entered into an automobile insurance contract with the victim Samsung F&M insurance company as insurer on September 7, 2015.

The defendant, who is the actual owner of the above vehicle, sold the above vehicle to B on April 2015, and knew that B owned and operated the above vehicle, he, despite being aware of the fact that D owned and operated the above vehicle, he tried to obtain insurance money from the victim by reporting the theft of the above vehicle to the victim.

On March 14, 2016, the Defendant filed a theft report to the effect that “Cenz vehicles parked in the alley of the Jindong-dong High School in Gwangju on January 21, 2016,” at the Nam-gu Seoul Southern Police Station (Seoul) around 10:00, the Defendant was stolen, and filed a false theft report to employees under his/her jurisdiction, and then was stolen at the victim’s office located in Gwangju-gu, Seo-gu, Gwangju, as seen above, at around March 16, 2016, the Defendant was stolen.

The insurance money was claimed at the end of false statement.

On March 25, 2016, the Defendant, by deceiving the victim, received KRW 3876,00 from the damaged person as the insurance proceeds of the vehicle and acquired it by fraud.

2. A person who has taken over an automobile registered by the defendant B shall apply to the Mayor/Do governor for the registration of transfer of ownership of automobile within fifteen days after purchasing the automobile.

Nevertheless, around April 7, 2015, the Defendant purchased and owned Cenz passenger cars in the name of “F” coffee shop near the Gangseo-gu Seoul Gangseodong, Gangseo-gu, Seoul.

D In spite of purchasing the said vehicle in KRW 20,50,000 from D, the Mayor/Do governor did not apply for the registration of transfer of ownership of a motor vehicle within 15 days thereafter

Summary of Evidence

1. Defendants’ respective legal statements.

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