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(영문) 대전지방법원 2014.03.27 2013고정2275
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates (E) an automobile commissioned sales company.

On the other hand, the victim D was a person who operates the (State)F, and was to purchase used buses for moving-type offices and employees of the above company, and visited the above E office by reporting Internet advertisements.

Therefore, on February 14, 2013, the Defendant stated to the effect that, “Around February 14, 2013, the Defendant would sell used buses to the Party 12 million won, while the seizure, etc. is limited to KRW 2 to KRW 3 million,” the Defendant would sell used buses to the Party 12 million.”

However, there are 20 cases where the seizure registration of public charges equivalent to KRW 3,30,000,000,000,000,000,000,000,000,000,000,000,000,000 won for the bonds in the name of (ju) Klorate Services, and on September 28, 2010, KloF Life Insurance (ju), and Hyundai Capital (ju), each claim amounting to KRW 24,67,449, 26,472,346, was set out in the name of each claim in the name of KloF Capital, etc.

Nevertheless, the Defendant: (a) by deceiving the victim, entered into a contract with the victim to trade the used bus with KRW 12 million; and (b) around February 15, 2013, deposited KRW 12 million and KRW 716,000 in the agricultural bank account under the name of the Defendant for the purpose of the purchase and transfer of the used bus; and (c) received the total amount of KRW 12,716,000 from the Defendant to the agricultural bank account under the name of the Defendant.

Summary of Evidence

1. Each statement of the witness J or K;

1. Statement made by witnesses D in the second protocol of the trial;

1. A criminal investigation report (Attachment to a suspect's statement);

1. Each investigation report (the report on confirmation of the amount of seizure, the details of provisional seizure of the vehicle on this case) shall be applied by statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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