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(영문) 창원지방법원 2019.11.27 2018고단788
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2007, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and KRW 3 million from the same court on June 7, 2016 to a fine for the same crime, etc.

【Criminal Facts】

On February 19, 2018, at around 23:40, the Defendant driven a B Ecoo motor vehicle under the influence of alcohol concentration of about 0.10% without obtaining a driver's license in the section of about 500 meters from the repair park near the repair park in the Ccoo-si, Kimhae-si to the front road of the Kimhae-dong located in the same Sinsan-dong.

around March 23, 2018, the Defendant stated that “Around March 23, 2018, the Defendant would receive processed quantity equivalent to KRW 25 million out of the down payment” at E offices for the operation of the victim D, which are located in the window C of Changwon-si, and that “A loan of KRW 25 million is insufficient.” The loan loan of KRW 25 million is to be repaid until March 31, 2018.”

However, in fact, the defendant thought that he will use the money received from the victim for personal living expenses and the purpose of paying the existing debts, and there was no intention or ability to pay the money even if he borrowed the money from the victim due to no particular income at that time.

Nevertheless, the Defendant, by deceiving the victim as above, received 25 million won from the national bank account (G) in the name of F designated by the Defendant on the same day from the victim and acquired it by transfer.

The Defendant made a false statement to the effect that “The Defendant would pay KRW 3 million in cash to the victim on December 10, 2017, on the high seas,” at the J office in the operation of the victim I, which was operated by the Seocho-si in November 2017, and that “The Defendant would pay KRW 3 million in cash to the victim on the high seas.”

However, the defendant did not have the intention or ability to pay the price even if he is supplied with automobile parts by the victim.

As above, the Defendant deceivings the victim as above, and thereby, from the victim, the market value of the automobile parts is KRW 3 million around November 18, 2017.

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