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(영문) 대전지방법원 2017.01.13 2016고단2825
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 18, 2016, the Defendant was sentenced to a suspended sentence of 4 months for fraud in the Jeonju District Court's Military Accounting Branch, and the judgment became final and conclusive on November 26, 2016.

The defendant is a person who engages in daily labor.

On August 14, 2015, the Defendant would pay 12 million won for the vehicle to the victim of the used vehicle transaction in Seo-gu Daejeon, Seo-gu, Daejeon, despite the absence of the intent or ability to normally pay the purchase price even if the purchase of the vehicle from E by the victim of the used vehicle transaction in the used vehicle transaction, and would offer 300,000 won for the monthly rent to the victim until December 30, 2015, when transferring the name of the BM passenger vehicle to the third party.

Along with the false statement, it acquired the amount equivalent to KRW 12 million of the BMW car market price from the injured party and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. A copy of an inquiry of summary information of the case;

1. Application of the Acts and subordinate statutes in one copy of the text of the judgment of the Jeonju District Court 2016 High Court 522

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason behind sentencing of Article 334(1) of the Criminal Procedure Act, the agreement of the victim, and the latter part of Article 37 of the Criminal Act, including the absence of records of the same kind of crime other than concurrent crimes.

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