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(영문) 부산지방법원 2014.04.11 2013고단6743
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the fabrication of private documents and the uttering of falsified investigation documents.

Reasons

Punishment of the crime

The Defendant is a person engaged in the sales of used cars with the motor vehicle with D(hereinafter referred to as D)’s car with D, and on October 201, the Defendant sold GWz S50 vehicles (hereinafter referred to as “instant vehicle”) at the F golf course parking lot located in Busan E-gu, Busan (hereinafter referred to as “D”).

In fact, the above benz vehicle made a false statement to the effect that "the victim believe that it is a vehicle not damaged by flood," even though it is a vehicle that was treated as a whole by flood damage.

The Defendant, by deceiving the victim as above, received from the victim a vehicle of KRW 4 million in cash and the market price of KRW 67 million, and acquired the vehicle of KRW 350,000 in cash from the victim.

Summary of Evidence

1. The entry of witness H's legal statement in the third protocol of trial;

1. Application of Acts and subordinate statutes to the petition of accusation (including evidential materials attached thereto), recording, and motor vehicle register;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The sentence was determined by taking into account all the circumstances, such as actual amount of damage, etc., by taking into account the selective crime subject to punishment, considerable amount of damage, and the previous penal power;

During that period, the court shall not be subject to the restraint in order to fully attend the trial and to give the opportunity to reach an agreement.

Division of Non-Offense

1. Summary of this part of the facts charged

A. On November 201, 201, the Defendant knew that the Victim H was suffering from the instant vehicle for the repair of the vehicle and kept two copies of the victim’s certificate of personal seal impression in the victim’s name for the transfer registration of the instant vehicle with the knowledge of the fact that the Plaintiff had kept the instant vehicle for the repair of the vehicle (hereinafter “350 vehicles”), and on the column of the name of the transferee of the vehicle’s certificate without authority for the purpose of exercising the right without the victim’s consent for the transfer registration of the instant vehicle for the purpose of the transfer registration of the vehicle, K in the name column of the vehicle transfer certificate, “K,” and the address column of “K, 105-2404,” and the name of the transferee.

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