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(영문) 수원지방법원 2013.08.23 2013고정1960
사기
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 28, 2013, around 12:17, the Defendant: (a) was entrusted with the repair of the Defendant’s passenger car D(C) located in Sungsung-si, but the Defendant did not have the intent or ability to pay the repair cost; (b) if the Defendant repaired the vehicle, the Defendant would have induced the victim E and entrusted the repair as if he were to pay the repair cost.

On January 30, 2013, the Defendant: (a) visited the said business establishment on January 14:30, 2013, saying, “The Defendant would report on the operation of a motor vehicle to which the repair of the motor vehicle has been well performed; and (b) would pay the repair cost by driving the said motor vehicle without paying the vehicle repair cost.” (c) At the same time, the Defendant was exempted from paying KRW 880,000 for the repair cost by driving the said motor vehicle without paying the vehicle repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the written estimate for automobile maintenance;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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