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(영문) 대구지방법원 서부지원 2018.02.08 2017고정212
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 5, 2015, the Defendant was parked with the victim D in the E plant operated by the victim D in Daegu-gu, Seo-gu, Seoul, and parked in the parking lot.

It would be possible to purchase an accident vehicle by asking how the FF-learning accident vehicle is.

However, in fact, the defendant asserted that he had a claim against the victim before the time, and thought that he would offset the above claim and the above vehicle sales amount, so even if he received the above vehicle from the injured party, he did not have an intention or ability to pay the above vehicle

The defendant acquired the above vehicle from the damaged person at the market price of 2 million won.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Grounds for conviction under Article 334(1) of the Criminal Procedure Act against the order of provisional payment;

1. On April 2015, the Defendant asserted that the Defendant purchased a car from G with the introduction of the victim, and the Defendant said that many repair costs and losses were incurred, and the Defendant said that he would compensate the victim later with another vehicle.

At the time, they agreed to repair and sell these vehicles at the time, 1,70,000 won damages.

After that, on September 2, 2015, the victim heard that the price of the vehicle involved in the accident of this case was KRW 1.7 million from the victim on September 2, 2015, and the vehicle that the victim would compensate as mentioned in the above paragraph has received it with the knowledge that it is the vehicle involved in the accident of this case, and there is no intention to commit fraud.

2. As stated in the above paragraph 1-, the defendant can be found to have purchased such accident vehicle from G with the introduction of the victim, but the defendant will be caused by the purchase of the above accident vehicle in addition to the defendant's statement.

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