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(영문) 의정부지방법원 2014.10.30 2014고정1586
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

On July 3, 2013, the Defendant made a false statement stating that “The Defendant would repay all other vehicles by July 30, 2013, including the rental fee, to the victim D’s “Eenecar” office operated by the Government-si, and that “The Defendant would repay all other vehicles by July 30, 2013, including the rental fee, when the vehicles currently sirened and used to cover the rental fee, despite the intention or ability to pay the rental fee due to the lack of funds at the time.”

As such, the Defendant: (a) by deceiving the victim; (b) obtained a single unit of NF Sota car from the victim; (c) operated approximately one year and four months; and (d) did not pay the victim a rental fee of KRW 16.5 million, thereby obtaining pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. A complaint;

1. A notarial deed, a certified copy of the register, or an Erench agreement;

1. Application of Acts and subordinate statutes to investigation reports ( investigation into F real estate business owners);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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