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(영문) 광주지방법원 2018.04.03 2018고정138
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant published a letter stating that the Defendant sold the C-W and the three freezing vehicles owned by the Defendant, with a mortgage of KRW 9,100,000,000 on the “SK Kak,” which is the Internet site of the used vehicle trade in the day.

Although the Defendant did not have the intent or ability to cancel the mortgage of the above vehicle immediately even after receiving the purchase price, the Defendant reported the Defendant’s writing on September 4, 2017 to the victim D, who visited the Defendant, would immediately terminate the mortgage with the purchase price of the vehicle.

On September 4, 2017, ‘A false statement' was obtained from the injured party, through the account (E) in the name of the NongHyup Bank account (E) in the name of B on September 4, 2017, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (the matters confirmed through telephone conversations with complainants D);

1. Application of C motor vehicle registration certificate, a certificate of transfer confirmation, a certificate of information on motor vehicle registration, and a credit information inquiry document to statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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