(영문) 서울남부지방법원 2017.10.12 2017고단1189

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(영문) 서울남부지방법원 2017.10.12 2017고단1189

사기

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 2016, the Defendant: (a) had the victim B with “B as the president of B, the vehicle involved in the accident, 2012, with the vehicle, and (b) paid KRW 24.5 million, including the vehicle cost of KRW 11 million for repair, the Defendant would deliver the vehicle within two weeks after repair and normal operation.

The phrase “ makes a false statement.”

However, in fact, the Defendant is merely a person who rents and uses part of C’s factory, and is not the president of C, and is not the president of C, and there was no person with no car repair technology, and the said benz’s car was unable to repair due to severe damage or requires considerable time and expenses for repair, and it was difficult to repair and deliver it to the victim within two weeks. As such, even if the Defendant was paid money from the damaged person as repair expenses, it was thought that it was used for the personal purpose, such as the purchase of parts necessary for repair, etc.

On June 23, 2016, the Defendant received from the injured party the sum of KRW 500,000,000 on June 28, 2016, KRW 500,000 on June 28, 2016, KRW 10,000,000 on July 28, 2016, and KRW 24.5 million on September 30, 2016, from the account in the E’s name managed by the Defendant, as repair expenses.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of the witness B;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A remittance statement and a statement of account transactions;

1. A copy of a repair confirmation, a letter of performance of repair, a copy of a name tag, a motor vehicle registration ledger, and each photograph;

1. The defense counsel to determine the assertion of the defense counsel for recording records, the statement of fact-finding, and the statement of repair estimates to the effect that the defendant did not have an intention to obtain unlawful acquisition, such as completing the registration of the transfer of a vehicle for the benz car to the victim, and that there is no intention to commit fraud because the repair of the vehicle is delayed

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