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(영문) 광주지방법원 2017.02.03 2016고정734
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person operating “D” in Seo-gu, Gwangju.

On October 24, 2015, around 23:10 on October 24, 2015, the victim I was faced with a traffic accident in front of the Nlearning vehicle driven by M while driving K Sung-type and front road on L in a body-type car.

In this regard, the operator of the foregoing industrial company called, "I will repair a vehicle by securing the vehicle which is not covered by us, because us is a non-insurance vehicle," and the victim consented to it and towed the vehicle to the above industrial company with the above approval.

In fact, the defendant did not have any substantial exchange of part of a vehicle with a body part, and even though the vehicle part was exchanged with a used part, which is not a new part, the defendant concealed such fact and exchanged the part of the vehicle part that was not exchanged with the above vehicle with the above body part, and deceiving the victim as if he repaired a vehicle with a new part, which is not a used part, and claimed repair cost, and then the defendant acquired 2,40,000 won (one million won burden by the driver of the vehicle of this year) from the damaged person as the repair cost of the vehicle on November 6, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and M's legal statement;

1. Legal statements of witnesses H andO;

1. A protocol concerning the examination of the suspect of the defendant (including two times, replacement of the defendant);

1. Statement made to I by the police;

1. Investigation report (the attachment of a list of the current status of comparison of details of acceptance of suspect estimates and related to the amount of damage), and accompanying documents;

1. A written estimate and a detailed statement of automobile repair;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act is determined.

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