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(영문) 대구지방법원 2017.02.03 2016고정1808

사기

Text

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

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

Reasons

Punishment of the crime

The defendant had no intent or ability to pay the price in bad credit even if he had a long-term siren in the rental car company operated by the victim C (45 S).

Nevertheless, on March 10, 2014, the Defendant: (a) prepared a vehicle lease agreement with the damaged party in Daegu Northern-gu (Seoul-gu) on the condition that he/she lent the vehicle to 600,000 won on September 20, 2015; and (b) did not pay 300,000 won on the date of the contract; and (c) did not pay 10,070,000 won on the remainder of the rental agreement.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. Part concerning C’s statement in the second police interrogation protocol against the defendant

1. Statement made by the police against C;

1. C Complaints (including vehicle lease contracts);

1. Investigation report (to be accompanied by a detailed statement of deposit transactions to be submitted by a victim);

1. Application of Acts and subordinate statutes to a report on investigation (Submission of victim's Kakao Stockholm dialogue);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

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;