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(영문) 창원지방법원 2020.07.22 2020고단447

사기

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

On April 28, 2019, the Defendant had done as if he would normally pay the cost of maintenance at C-Motor vehicle mechanic located in Guro-gu Seoul Metropolitan Government, and had four wheels of D-5 vehicles with their own wheels and Aluminium chairs replaced, and the victim E, the representative of D-5 vehicle mechanic, who has completed the replacement and maintenance of the request, would immediately pay the cost online.

However, the defendant did not have any intention or ability to make a normal settlement of typhos, wheel replacement and maintenance costs.

As above, the Defendant acquired property benefits equivalent to KRW 1,400,000 from the method of receiving maintenance after being replaced by a wheel with a vehicle on credit by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of vehicles at the scene of maintenance, each investigation report, and application of statutes to work instruction;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [Incompetence] The defendant has a record of having been sentenced to a fine several times as a crime of fraud (negative] that the damaged amount is a small amount, and reflects the fact that the damaged amount is a small amount.