Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
At around 22:00 on December 3, 2018, the Defendant made a false statement to the victim E through C and D, stating, “F A6 vehicle will borrow money from G, the owner of which is the owner, and will be free from participating in the vehicle, and later if G would have paid the money, then G will return the vehicle in return with money from that time. If it is said that G would have paid the money, it will be said that the vehicle without any problem will take on and take off the vehicle.”
However, in fact, the defendant transferred the vehicle to the police officer G on November 2018, because "the defendant left the vehicle in excess of the relevant vehicle".
If it is not returned, it shall be registered to stop the operation.
The said vehicle was registered on November 21, 2018 at the request of G to stop the operation.
As such, the Defendant was issued KRW 13,50,00 to the victim by deceiving the victim and receiving KRW 13,50,000 as compensation for vehicle operation.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect examination protocol with respect to C and D;
1. Each police statement of E and G;
1. Automobile register, automobile registration certificate, and seal imprint certificate;
1. Application of Acts and subordinate statutes to investigative reports ( telephone conversations with witnesses H in relation to vehicles);
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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine; and
2. The defendant who was sentenced to punishment of this case recognized that he was guilty of the crime of this case, the circumstances leading to the defendant's possession of the vehicle of this case and the circumstances leading to this case exist, the defendant agreed smoothly with the victim, the victim does not want the punishment of the defendant, the defendant does not have any record of punishment for the same crime, and other reasons.