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Reasons
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(영문) 수원지방법원 성남지원 2016.08.30 2016고정726
사기등
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Defendant shall be punished by a fine of KRW 7,500,000.

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

Reasons

Punishment of the crime

around June 5, 2014, the Defendant agreed to pay KRW 1,138,190 per month rent between June 25, 2014 to pay KRW 36,985,60 per month between 36,00 and 36 months, when concluding a facility lease agreement on one of the BM7 vehicles owned by Alcia at the location of the former Samsung Samsung Co., Ltd. (State) at the point of the former week, Seo-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (State).

However, even if the above vehicle is delivered, the defendant did not have the intention or ability to pay monthly rent.

As such, the Defendant did not pay the lease fee to be paid every month after receiving delivery of the said vehicle from the injured party by deceiving the victim.

"2016 High 743"

1. On October 16, 2014, the Defendant violated the Guarantee of Automobile Damage Compensation Act, as a holder of CNEW EF La, operated the said car without mandatory insurance on October 13:34, 2014, at the 1-lane 347, Hanam-si, Hanam-si.

2. On October 16, 2014, the Defendant was under the influence of alcohol content 0.130% during blood transfusion at around 03:34 on October 16, 2014, the Defendant driven the CNEW EF Laol at approximately 20 meters in front of the said 349 CNW EF straw in front of the Dennam-si 349 CU convenience store.

Summary of Evidence

"2016 High 726"

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

1. Statement made by the police against D;

1. The 2016 Highest 743 others;

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

1. A report on the occurrence of actual condition investigation and a traffic accident;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Inquiry into mandatory insurance, and application of respective Acts and subordinate statutes to photographs;

1. Relevant Article 347(1) of the Criminal Act for criminal facts (the fraud) and Article 46(2)2 of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015); the main text of Article 8 (the operation of a vehicle with no mandatory insurance) of the Road Traffic Act; Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the operation of a vehicle with no mandatory insurance); and the choice of fines.

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