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(영문) 서울동부지방법원 2015.07.15 2015고정993
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

On June 10, 2013, the Defendant made a false statement to the victim B who engages in the automobile sales business, which was known to the general public at an influence place in Seoul Special Metropolitan City, that the Defendant would have the victim B purchase the right to permit trucking and trucking transport business incidental thereto.

However, the defendant did not have any intention or ability to allow the victim to purchase the right to permit the trucking transport business and the right to permit the trucking transport business.

The Defendant was transferred from the victim the sum of KRW 2,00,000 as down payment related to the purchase of the license on June 10, 2013, KRW 3 million as the intermediate payment on June 17, 2013, KRW 6,20,000 as the intermediate payment on June 21, 2013, KRW 6,20,000 as the towing cost of vehicles with the license on June 21, 2013, and KRW 1,000,000 as the expenses necessary for the registration of documents related to the license on December 2, 2013.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A detailed statement of transactions of inputs;

1. Application of Acts and subordinate statutes on criminal investigation reports;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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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