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The punishment of the accused shall be determined by a year of imprisonment.
Reasons
Punishment of the crime
On May 15, 2013, the Defendant was sentenced to one year for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicles) in the Seosan Branch of the Daejeon District Court on May 15, 2013, and completed the execution of the sentence in the Seosung Prison District Court on May 13, 20
[2016 Highest 286] On August 16, 2014, the Defendant made a false statement to the victim C’s house located in Seosan-si B, stating that “AD operated by the victim shall pay its price to the victim within two to three days, if it exclusively supplies active terms, such as flowers, which it operated in A in 2014.”
However, at the time, the Defendant had a debt equivalent to approximately KRW 170,000,00, including the financial institution’s debt amounting to approximately KRW 51,000,000, and even if selling active terms, etc. supplied from the victim, the Defendant paid only part of the payment to the victim and attempted to use the remainder as the above debt repayment or entertainment expenses, etc., and did not have an intention or ability to pay the remainder normally within two to three days.
As such, the Defendant, by deceiving the victim and being supplied approximately KRW 600 km from the victim on August 21, 2014, to whom it belongs, did not pay KRW 72,00,000 in total nine times from August 25, 2014 to December 11, 2014, as shown in the separate list of crimes, even if the Defendant, as shown in the separate list of crimes, was provided with active fishing, such as the total sum of KRW 150,650,500,00 in total, up to eight times from August 25, 2014 to December 30, 2014, did not pay KRW 78,650,50 in remainder.
Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits of 78,650,500 won.
[2016 Height546]
1. Where an owner of an automobile who has violated the Motor Vehicle Management Act intends to have tubes for items prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as gross weight of the automobile and goods-loading system, he/she shall obtain approval from
Nevertheless, the defendant did not obtain the approval of the competent authorities on December 2014.