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(영문) 광주지방법원 2016.04.27 2015고단1423
사기
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 2, 2013, the Defendant, even if having received money from the Seo-gu Standing District of Gwangju, may escape the victim B from the half value for three years, even though he/she did not have any intent and ability to get his/her external motor vehicle to lower the half value for three years, by legitimate means.

On the other hand, it is false that the vehicle will not transfer ownership while operating the vehicle, and establish a collateral mortgage, so that it would cause 10 million won to be a down payment, and it was acquired by remittance from the above damaged person as down payment.

2. On October 1, 2013, the Defendant, at the same place as above, was unable to dry the external motor vehicle according to the promise, and the fact that the external motor vehicle was unable to dry the external motor vehicle by lawful means was not capable of reaching the reflect value for three years, the Defendant, despite the absence of the intent and ability to bring the external motor vehicle out of the external motor vehicle out of the external motor vehicle in a half-year manner, said victim’s false statement stating, “If the volume reservation is sealed, it is short of KRW 10 million, and the down payment is more than KRW 2 million,00,000,000,000 should be added, and then, he/she acquired it from the

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

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

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

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

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.

The defendant acquired 12 million won from the damaged person by remittance, and then locked it, and there is no circumstance that the defendant made efforts to recover the damage.

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