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(영문) 대구지방법원 상주지원 2014.04.22 2013고단605
사기등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The defendant, even if he received money from B, C, and C, without having an intention to do work as an employee from the Multilater, even though he did not intend to do so, he shall receive money from the Multilater, and B, at around 14:00 on July 21, 2009, shall mean that "three-eight million won will be available to the victim F, who is the EDagr business owner, in the D Job Placement Office located in Masan-si, Masan-si." The defendant, at C, by means of a loan certificate from the victim in Eda located in Nam-gu, Nam-gu, Mag-si, and he shall receive from the victim the money and shall receive from the victim the money of KRW 18 million from the Agricultural Cooperative account in his name at that time."

2. 특수절도 피고인은 C과 합동하여 2009. 7. 22. 10:00경 위 피해자가 운영하는 E다방 앞길에서 위와 같이 선불금을 받았음에도 일을 하지 않고 도주하는 과정에서, C은 망을 보고, 피고인은 그곳에 주차되어 있던 피해자 소유의 시가 130만 원 상당의 젤피노 49cc 오토바이의 시동을 켠 뒤, C을 뒷좌석에 태우고 운전하여 가 이를 절취하였다.

3. The Defendant violated the Road Traffic Act (unlicensed driving) driving the above 100 meters section from the front side of the above Eda to the front side of the shopping mall without obtaining temporary warning or a motorcycle driver's license under the above paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The first and second police interrogation protocol regarding C: Police interrogation protocol;

1. Statement of the police officers 1 through 4 times with respect to F;

1. The certificate of borrowing (5-2 pages 15 pages);

1. A copy of bankbook;

1. Application of statutes on details of driver's license taxes;

1. Relevant legal provisions concerning the facts of crime, Articles 347 (1) and 30 of the Criminal Act that choose a penalty, Article 331 (2) and (1) of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Articles 43 of the Road Traffic Act that choose a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and 3 of the Criminal Act are applicable.

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