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(영문) 대전지방법원 2013.10.16 2013고단1853

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On April 27, 2007, the Defendant was sentenced to five years of imprisonment with prison labor for special robbery in the Hongsung Branch of the Daejeon District Court on April 27, 2007 and completed the execution of the sentence in the Daejeon Prison on October 15, 2012.

[2013 Highest 1853]

1. No person who violates the Automobile Management Act shall operate an automobile unless it is registered in the register of automobile;

Nevertheless, at around 21:59 on February 8, 2013, the Defendant operated the EranXG car, which was owned by the Defendant and was unregistered after the cancellation of the registration on December 12, 2012.

2. Around February 8, 2013, the Defendant violated the Road Traffic Act (free license) driving of the said franchise XG car without obtaining a driver’s license in the section of about 80km from the front to the front of the Jeju Island and from the front of the Jeju Island to the front of the Jeju Oil Station.

3. On February 8, 2013, around 21:59, the Defendant: (a) committed an act as if he would pay the amount of oil paid to employees G at the D station operated by the victim F in Sejong C; (b) ordered the Defendant to pay gasoline to the franchis that he driven by the Defendant.

However, the defendant did not have any intention or ability to pay the price even if gasoline was paid by G.

Nevertheless, the Defendant deceptioned G as above and acquired 62 liters from G, namely, the current market price of KRW 124,000, which is the victim's ownership, by taking the 62-liters of the emblem from G.

[2013 Highest 2174]

1. On December 11, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) driving the Efranchising XG car from the efranchis franchis franchis franchis, without obtaining a driver’s license on December 16, 2012.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a ESXG car.

On December 11, 2012, the Defendant did not obtain a driver's license as above from the non-furned distance of the non-furnal in the furnal city around 16:00.