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(영문) 부산지방법원 2016.11.24 2016고단3920
사기
Text

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

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

Reasons

Punishment of the crime

At around 14:00 on September 25, 2014, the Defendant made a false statement to the victim E in the D High Vehicle Trading Company located in Busan Metropolitan Government Da, stating that “I will succeed to the name transfer and installment within one month if I borrowed the name of the truck.”

However, in fact, the Defendant did not have the ability to pay installments even if the Defendant purchased cargo in the name of the victim because the Defendant did not have any property as a recipient of basic living expenses, and did not have the intent to transfer the name from the victim’s name to the above F name within one month since he did not have obtained prior permission for the use of the name from the Defendant’s father F.

The Defendant, at the end of the foregoing false statement, had the victim purchase the cargo vehicle under the nominal name, and had the victim bear the total of 10,317,594 won in the cargo vehicle, and acquired pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Details of automobile registration certificates;

1. A detailed statement of deposit;

1. Previous convictions in judgment: Criminal records, current status of personal identification and confinement, and application of each statute of a judgment;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the choice of punishment for the crime (Selection of a fine in consideration of the scale of damage, point agreed with the victim, age,

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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