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(영문) 대구지방법원 2017.05.10 2016고정1338

사기등

Text

Defendant shall be punished by a fine of 3.7 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant of "2016 High 1338" is a person who conducts the manufacturing of agricultural machinery with the trade name of "D" in the Cheongbuk-gun, Cheongbuk-do.

On July 5, 2014, the Defendant would sell tramway type transport vehicles to the Dong F of the Victim E by November 30, 2014.

“After entering into a consignment sale contract for tramway transport vehicles with the content of “,” it received track type transport vehicles from the F.

Around May 2015, the Defendant rejected the request from the victim and the above F to return the above tramway type transport vehicle equivalent to KRW 10 million at the market price of the victim who was not sold by the date of the termination of the consignment sale contract while keeping the above tramway type transport vehicle for the victim.

Accordingly, the defendant embezzled the victim's property.

On August 7, 2016, the Defendant assaulted the victim G (48 years) at the front of the hydrosung church located in 59-0, a Daegu Suwon-gu mobilization around 13:30 on August 7, 2016, the Defendant 2016, namely, when the face of the victim is taken by drinking in response to the violence of the victim among disputes, and led the victim to an internal, internal, internal, academic, and examination that require treatment for 14 days.

Summary of Evidence

[2016 High Court Decision 1338]

1. Statement of witness E in the fourth public trial protocol;

1. Statement of examination of the witness to the F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A consignment contract, each recording record, track-type photograph, and transport vehicle photograph within the suspect factory;

1. Protocol of examination of the witness in relation to G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant legal provisions concerning criminal facts, Article 355(1) of the Criminal Act (the point of embezzlement), Article 257(1) of the Criminal Act (the point of injury), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;