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(영문) 서울중앙지방법원 2014.06.26 2013고정6781
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of the last passenger car in 2010.

In fact, the above vehicle had a total of KRW 11.6 million obligation for the vehicle in the Agin Capital, and the defendant did not have any obligation to pay the said vehicle in full.

Nevertheless, around 17:00 on March 20, 2013, at the Seocho-gu Seoul Metropolitan Government D Underground Parking Lot, the Defendant paid the victim E (the age of 42) with the full amount of the installment debt for the vehicle that was set up in the Arith Capital: Provided, That it is false to say that the vehicle that was not only the filing of documents but does not have any problem is purchased at KRW 11,00,000,000 for the vehicle without any problem, and the Defendant received the money from the victim to the agricultural bank account in the name of the Defendant F in the name of the Defendant for the vehicle trading on the same day.

Summary of Evidence

1. Legal statement of witness E;

1. The prosecutor's protocol of interrogation of the defendant E and G

1. Statement to E by the police;

1. A complaint;

1. Investigation report (data submitted to the E) and investigation report (data submitted to the accused);

1. Application of Acts and subordinate statutes to evidential data (passbook receipt, certificate of registration of automobiles, etc.), reference data for the motor vehicle register, details of receipt of principal and interest of disposable discrimination

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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