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(영문) 서울중앙지방법원 2018.09.28 2017고단7882
사기
Text

Defendant

A shall be punished by imprisonment for two years.

Defendant

D, BP, and Q are not guilty. The summary of the verdict of innocence against Defendant D is as follows.

Reasons

Criminal facts

(2) On July 2, 2015, the Defendant was sentenced to four months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Suwon Police Station on July 22, 2015. On November 21, 2015, the Defendant completed the execution of the said punishment at the Suwon Police Center.

The Defendant, upon the expiration of the siren period, had the victim DV, who was aware of the vehicle through the Internet around May 15, 2016, had no intention to return the vehicle to “BMW car” without the intention to return the vehicle.

The rental cost of the vehicle shall be paid and returned at the time of expiration of the period.

“Along on 16:55 on the same day from the injured party, he was issued one of the above-mentioned vehicles with approximately KRW 50 million at the market price in front of the Dong community service center, Seocho-gu Seoul, Seocho-gu, Seocho-gu, Seoul, Seoul, at around 16:55.

As a result, the Defendant, along with the acquisition of the above car 1 unit, acquired four automobiles with the total market price of KRW 273 million through four times from that time to that of the last day of May 2016, as shown in the attached crime sight table (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer in relation to DV and DW;

1. Statement made by each police with regard to DX and DY;

1. Previous convictions: Inquiry of criminal history data and application of Acts and subordinate statutes concerning personal confinement;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes have the history of having been punished several times for the same crime, and each of the instant fraudulent crimes again committed even during the period of repeated crime due to a crime of violation of the Punishment of Violences, etc. Act (joint injury). The Defendant committed several times repeatedly, and the amount of damage from such crime is larger than KRW 300 million.

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