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(영문) 서울남부지방법원 2013.04.22 2013고정883

사기

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 29, 2010, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Northern District Court, and the above judgment became final and conclusive on November 6, 2010.

On October 10, 2008, the Defendant: (a) around October 10, 2008, the victim C in Geumcheon-gu Seoul Metropolitan Government No. 209 had a representative director, and (b) through ship E, the Defendant set up a siren on the condition that the victim would pay 1,60,000 won monthly rental fee to the victim by November 9, 2008.

However, the fact, however, did not have any intention or ability to return the car, because even if the car was sirened through E, the car was thought to sell it to others.

The defendant had the victim take over one of the new passenger cars in an amount equivalent to the market price of 28,368,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol for E and C;

1. Statement to C by the police;

1. C Complaints;

1. A copy of a vehicle rental contract and a copy of registration certificate;

1. Application of a copy of judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (the principle of equity in cases where a judgment at the time of sale is to be rendered concurrently with a crime for which a judgment at the time

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.