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(영문) 대구지방법원 의성지원 2016.06.23 2016고정36

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

On May 2015, the Defendant received a request for repair of the benz car from B and the victim C (30 tax). On May 2015, the Defendant received an excessive demand for repair expenses and received it to use it as living expenses, etc.

B around 16:00 on May 30, 2015, at the first floor parking lot of the building D in the Dong-dong, Gyeongdong-si, Gyeongdong-si, Seoul, the total repair cost is KRW 20 million for the victim.

As material cost, 10 million won is first accepted for a week and 40 days, and a passenger car is returned to him/her, and the remainder shall be KRW 10 million.

“Falsely,” and “A” around July 2015.

The phrase “the Defendant made a false representation,” and the Defendant made a false statement that “the repair was reduced so that it could have been repaired.”

However, the actual repair cost was equivalent to KRW 10 million, and the defendant and B did not accept the passenger car at all due to lack of capacity to repair the passenger car at the time, and even if the repair cost was paid due to the excess of each obligation at the time, there was no intention to repair the car and to return it.

Nevertheless, the Defendant and B received 10 million won as material costs from the injured party, as the agricultural bank account in the name of B.

Accordingly, the defendant and B conspired to acquire the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes as a result of transfer management;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;