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(영문) 대구지방법원 포항지원 2018.07.25 2018고정49
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

The defendant is a person who engages in the business of trading and arranging construction machinery or cargo vehicles.

On July 28, 2016, at the C office located in Nam-gu, Nam-gu, Sinpo-si, the victim knew that the victim D continued to impose taxes, such as administrative fines, even if he did not actually operate three construction machinery vehicles, such as E, F, G, etc. and intended to acquire money under the name of the vehicle for the purpose of transferring the name of the vehicle, the victim would sell the number plate for the business of the above vehicle and change it for its own use, and at low cost, work to transfer the name of the ownership of the above vehicle to the elderly or the bad credit manager, etc.

A false statement was made.

However, even if the above vehicles receive money from the injured party, they did not confirm the location, and since the delinquent tax amount is reasonable, they did not have the intent or ability to transfer the ownership of the above vehicles to the third party, and were trying to change the name of the above vehicles for their own use.

Nevertheless, as such, as the victim could be transferred to the name of ownership of the above vehicle, the victim could have concealed the victim and sold the business number plate of the above vehicle to H with KRW 16 million out of the price of KRW 46 million.

Summary of Evidence

1. Each legal statement of witness D and I;

1. Each protocol concerning the examination of the accused by the prosecution (including the parts contained in the D or I's statements);

1. Each police statement made to D or I;

1. Investigation report (report on the details of currency with the J related to the relocation of a vehicle), investigation report (report on the transfer of the name of a vehicle and verification of taxes unpaid);

1. Inquiry into the results of transfer management, a copy of confirmation, and a construction machinery registration certificate [the defendant is willing to allow the transfer of the victim's name];

(1) In other words, each of the above evidence duly adopted and examined by this court and the circumstances that could have been known to it, i.e., the victim introduced the defendant.

I is also in a friendly relationship with the defendant, and is a job placement fee from the defendant.

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