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(영문) 수원지방법원 평택지원 2019.01.24 2018고단185
사기등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 3, 2012, the Defendant made a false statement to the effect that “The Defendant would repay KRW 1,69,644 won per month if he/she borrowed KRW 28,50,000 for a loan,” to an employee in charge of loaning KRW 1,69,644 for 36 months, when he/she purchased a vehicle of KRW D 140 from C in Thai-si B.

However, as at the time of the loss of all cash possessed by the Giwon City Casino, the Defendant: (a) purchased a car as above to raise money for gambling; and (b) planned to use money for gambling with cash borrowed; and (c) did not have any other way to repay the loan if money was lost due to the absence of any other property; and (d) did not have any intent and ability to repay the loan even if the Defendant borrowed money from the victimized company, even if he did not receive money from the victimized company.

As above, the Defendant deceptioned the damaged company and received 28,500,000 won from the damaged company as the vehicle purchase fund.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Fgals and automobiles.

No automobile owner shall operate an automobile on the road on which no mandatory insurance is subscribed.

Nevertheless, at around 09:07 on May 28, 2013, the Defendant operated the said gallon vehicle, which was not covered by mandatory insurance from the Geum River-ro, Yang-gu, Yangyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the register of automobiles, inquiry into mandatory insurance contracts, and inquiry into non-insurance operation vehicles;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense, Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the amount of damage on the grounds of sentencing under Article 62(1) of the Criminal Act is not significant, the health status of the accused and the accused.

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