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(영문) 춘천지방법원 원주지원 2014.12.09 2014고정583

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 21, 2009, the Defendant was sentenced to three years of imprisonment and a fine of one million won in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers, Violence, etc.) in the Jeju District Court's original branch on May 21, 2009, and the judgment became final and conclusive on October 15, 2009. On October 27, 2009, the Defendant was sentenced to four months of imprisonment with prison labor at the original branch of the Chuncheon District Court for an uninfluence as a crime, and the judgment became final and conclusive on November 4, 2009. < Amended by Act No. 12844, Nov. 14, 2014>

On November 1, 2008, the Defendant borrowed 1.8 million won in cash to the victim C within the post office located in U.S. in U.S.-dong, U.S., and provided the victim with DDap car volume as security by “the lending of money to the victim as security” while making a false statement.

However, the amount of DDap car offered by the defendant as security to the victim was owned by another person (E) who was stolen from the old-dong, short-term, Ma-dong, Ma-dong around October 31, 2008 by the defendant.

Nevertheless, the defendant, by deceiving the victim, received 1.8 million won immediately, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the police statement concerning C;

1. Previous convictions in judgment: Criminal records, summary statements of each case, assistance to agreements, and application of respective statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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