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(영문) 대전지방법원 2014.11.24 2013고단4957
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 14, 2011, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Daejeon District Court, and was released on October 28, 201 in the Daejeon Prison on the parole on October 28, 201 and the parole period expired on December 9, 201.

On May 23, 2013, the Defendant stated that the Defendant was a non-accidentd vehicle on the medium-to-high speed bulletin board of the Internet dispatch site, which was sent to the victim E, who reported and contacted the above notice in Daejeon U.S., around 23:00, around June 13, 2013, the Defendant stated that “No accident exists, it was used for more than one year for its own use, and it is a vehicle with no anything wrong.”

However, the above vehicle was not a non-accidentd vehicle, but a vehicle with approximately 47 million won of insurance proceeds as it was disposed of as a whole due to an accident.

The Defendant sold the said car to the victim on the 14th day of the same month, and transferred KRW 5,748,963 from the victim to the Agricultural Cooperative account in the name of F, and had the victim pay KRW 36,851,037 on behalf of the victim for the vehicle of the said car for Hyundai Capital.

Accordingly, the defendant, by deceiving the victim, received property equivalent to the above remittance amount, and ordered to deliver the above balance to the Hyundai Capital.

Summary of Evidence

1. Witnesses G and E respective legal statements;

1. Partial statement of the witness H in the court;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement of E and H;

1. Determination as to the defense counsel's assertion of each used car performance inspection status register

1. The defense counsel stated that the Defendant, at the time of selling and selling the instant passenger car (hereinafter “instant vehicle”) to the victim, there was no concealment of the power to handle the entire car due to an accident, and that the Defendant stated the instant vehicle as “unaccident” when posting the information on the instant vehicle on the Bobrid forest, which is a medium and high-class transaction site, it cannot be said to be a deception, and that the said vehicle is a middle and high-speed vehicle.

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