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(영문) 서울중앙지방법원 2017.09.08 2017고단3825
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

The Defendant is a person in charge of vehicle sale, vehicle registration, etc. while serving as a business employee of the Hansung Motor Vehicle C exhibition hall located in Seoul from March 2, 2012 to September 30, 2016.

On August 26, 2016, the Defendant appears to have been a private business entity, not a legal entity, with respect to the vehicle of benz S500, which was sold to customers D in the Hansung Automobile C Exclusive Market, around August 26, 2016, and the “E” is deemed to have been registered in the name of F and G.

at the time of deposit of the vehicle registration fee, the phone call shall be sent to the non-employee belonging to the victim and the registration fee shall be sent to the account in which the registration fee of the D customer must be paid directly.

D. The phrase “FEA” was false to the effect that “.”

However, even if the defendant received vehicle registration fees as above, he was scheduled to use them for personal purposes, such as futures investment, and did not have the intent or ability to use them to register the vehicle normally.

Nevertheless, the Defendant received money of KRW 48,377,260 from the injured party to the bank account (H) in the name of the Defendant on the same day from the injured party, and acquired it as the registration fee of benz S50.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made to I by the police;

1. Complaint;

1. Each fact-verification letter (No. 18, No. 19) for the preparation of D (J) and G (E representative) (No. 18, No. 19);

1. Application of Acts and subordinate statutes to the defendant's statement of entry and exit of passbook (No. 7 times a net), certified copy of the corporate register (Korean motor vehicle), certificate of employment (Defendant), automobile transaction contract (Co. D) (Co. 12 times a net), each transfer confirmation certificate (No. 13, No. 14, and No. 16 times a net time), and a letter of disbursement (No. 15 times a net time);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine for punishment (the first offender who had no record of criminal punishment before the instant case, and the identity guarantee insurance for which the Defendant has paid the insurance premium, etc.

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