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(영문) 서울동부지방법원 2016.11.22 2016고정1486

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 December 2, 2009, the Defendant, on the front side in Gwangju Mine-gu, stated that the Defendant would first pay the victim D the remaining 4 million won of the remaining 7.5 million won of the vehicle price by April 2010, when selling and selling the vehicle with the Estremanless vehicle which is equivalent to 11.5 million won of the market price owned by the Defendant to the Defendant.

However, in 2002, the Defendant was not able to pay 12,790,00 won to the bad credit, and the Defendant was not able to pay 7,50,000 won of the balance because of the lack of property or income to cover 1,00,000 won of the monthly income.

Nevertheless, by deceiving the victim as above, the Defendant acquired the victim's pecuniary benefits equivalent to KRW 7.5 million, which is the difference between the market price and KRW 11.5 million.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police officer's statement about D and G;

1. Application of the written complaint, each investigation report, details of passbook transaction, and the register of automobiles statutes;

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