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(영문) 대전지방법원 2018.12.07 2018고단1167 (1)
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2018 Highest 2922: Joint Defendant B and C’s crime / Joint Defendant B and C’s joint Defendant B and C posted a notice to the effect that they sold a heavy vehicle on the Internet with a heavy sturging engine, and that they want to purchase a heavy vehicle from the victim D by telephone, they conspired the victim to use a false notice to use a heavy sturging sales proceeds in installments.

On June 17, 2017, Defendant B and C would be able to purchase the Defendant’s vehicle amounting to KRW 9 million in the Seo-gu Incheon Used Motor Vehicle Trading Complex “(2015 Form 15 million)” to the Defendant in the Seo-gu Incheon Used Vehicle Trading Complex.

It shall proceed with the loan of 34 million won in lieu of a glive vehicle.

After receiving a loan of KRW 34 million from capital, us grants a three-month installment to us, and when three months have elapsed, us would make a false statement to the effect that us will make a contract for the sale of a vehicle with a purchase price of KRW 9 million after paying a loan.”

However, the defendant, joint defendants B and C have no intention or ability to sell the vehicle at KRW 9 million after three months since they thought that they will sell the vehicle to the victim and use the vehicle in installments.

In the end, the Defendant, joint Defendant B, and C, as seen above, seems to be erroneous in writing in the indictment of the victim and F on the same day by deceiving the victim.

After preparing a car sales contract for low-priced automobiles, the injured party has paid 34 million won the vehicle price in G to pay 34 million won, thereby acquiring financial benefits equivalent to the same amount.

Summary of Evidence

1. Each legal statement of the defendant, joint defendant B, and C

1. A protocol concerning examination of the suspect of the co-defendant B by the prosecution;

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

1. Article 347 (1) and Article 340 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment with prison labor, and the grounds for sentencing of the punishment of the relevant criminal facts;

1. Determination of the sentencing criteria: Type 1 (less than KRW 100 million) is the basic area (from June to June).

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