logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.02.14 2013고정1785
사기등
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 28, 2013, the Defendant was sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint intimidation) at the Daegu District Court on July 12, 2013, and the judgment became final and conclusive on July 12, 2013.

1. On August 1, 2011, the Defendant made a false statement to the victim B, “I would sell a passenger car at a low price,” and I would sell a vehicle through another person, so I would make two credit cards, and then will return the used price later.”

However, the defendant, regardless of the sale of the vehicle from the beginning, received a credit card for personal use, did not have the intention or ability to sell the vehicle at a low price, and disposed of the vehicle from the victim, and then embezzled the price.

As such, the Defendant, by deceiving the victim, received each one of the Samsung Card and one foreign exchange card in his name, respectively, from the victim.

8.2. From around February 8

8. Until August 8, 198, the settlement of an amount equivalent to KRW 1,504,441 on a total of 40 occasions with Samsung Card and the foreign exchange card.

8.1. From around January 8

8. By December 12, 200, an amount equivalent to KRW 1,236,635 was settled over a total of 20 times, and then exempted the payment of the said amount, thereby acquiring property profits equivalent to KRW 2,741,076.

2. Around September 5, 2011, the Defendant: (a) taken out the said vehicle to sell a CM3 car owned by the victim at an infinite-dong, Daegu-gu, Daegu-dong; and (b) sold the said vehicle to an infinite-dong and kept the price for KRW 2,50,000 on behalf of the victim; and (c) embezzled the said vehicle by arbitrarily consuming it around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Investigation report (to hear a complainant's telephone statement);

1. The register of automobiles (A);

1. Statement of use of Samsung Cards;

1. Detailed statement of foreign exchange cards;

1. A previous conviction in judgment:

arrow