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(영문) 서울남부지방법원 2017.04.26 2016고단5760

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On August 31, 2016, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on January 17, 2017. On February 3, 2017, the Defendant was sentenced to five months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint assault) in the same court on February 3, 2017, and the judgment became final and conclusive on April 22, 2017.

[Criminal facts] 2016 Highest 5760

1. Fraudulent or interference with exercise of rights;

A. On October 2015, 2015, the Defendant: (a) called the Victim C, a police officer under the control of the Defendant, for a telephone called to the Victim C, who is a police officer under the control of the Defendant; and (b) whether there is a place to seek money from this mother and the vehicle.

".........." and the victim shall lend money directly.

High defect, E hospital in Nam-gu, Incheon Metropolitan City, borrowed KRW 3 million from the injured party to the E hospital, and paid KRW 10 million after 10 days, and delivered Cub car to F, which is the defendant's ownership, as security, to the victim.

However, at the time of fact, the Defendant did not own the property as a bad credit holder, and the income received as a subsidy for the installation of air conditioners was not sufficient to use it as a living cost, and even if it was assumed that the victim would go against the victim by using the auxiliary key even if it was entrusted with a passenger car as a collateral, there was no intention or ability to complete payment even if it was borrowed money.

On October 2015, the Defendant, by deceiving the victim, obtained KRW 3 million from the damaged party, and acquired it by fraud, and at the same parking lot as the 607 Dong-dong apartment village of the new wall, Nam-gu, Incheon, Chungcheongnam-gu, Incheon, Seoul, the next day, the Defendant took the Defendant’s property, which became the object of another’s right, by driving a cuss car in advance, with the key of the victim parked at the front seat of the cuss car.

B. On November 2015, 2015, the Defendant: (a) through H, a police officer of early 2015, the Victim G G (29 years old); (b) there is no money to use the Victim G (29 years old); and (c) there is no money.

The term "to leave a vehicle as security with a loan of KRW 3 million" means to leave the vehicle as security on November 2, 2015, and around 22:40 on November 2, 2015, the South-gu Incheon Metropolitan Government National Veterans Administration.