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(영문) 대전지방법원 2016.09.23 2015고단3014
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 17, 2009, the Defendant was sentenced to six years and eight months of imprisonment for fraud, etc. at the Daejeon District Court, and completed the execution of the sentence on July 6, 2013.

On June 2014, the Defendant loaned money to the victim C at the coffee shop located in Seo-gu Daejeon, Daejeon, Daejeon, to offer two vehicles as security.

In other words, 20,700,000 won was lent from the injured party to the defendant's living together with the amount equivalent to 5,00,000 won in the market price of the non-life vehicle under the name of the defendant's living together with the defendant and the amount equivalent to 12,50,000 won in the non-life vehicle under the name of the defendant's living together with the defendant.

In the Seo-gu Daejeon, Daejeon on September 2014, the Defendant: (a) even if the Defendant received from the injured party a return of coos car above, the Defendant disposed of it to the other and did not have the intent or ability to pay the coos car to the injured party; and (b) despite the fact that the Defendant did not have the intent or ability to pay the coos car to the injured party, the Defendant would return the coos vehicle within three days

The end of the false statement, it received the return of the Cub car from the injured party, and acquired the pecuniary benefits equivalent to the market value of the Cub car at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of each of the Acts and subordinate statutes stated in the current status of personal identification and acceptance (A), investigation reports (the same type of criminal record and attachment of a written judgment of the suspect A);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes: Crimes during the period of repeated crimes of the same kind for sentencing, and escape during trials, etc.

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