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(영문) 부산지방법원 2016.10.27 2016고정3171
사기
Text

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

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

Reasons

Punishment of the crime

On December 21, 2013, at around 11:00, the Defendant, at the office of apartment sales in the vicinity of the Nam-gu, Ulsan-gu, Seoul, the representative director of the victim D Co., Ltd., stated that “The Defendant will make a long rental to 2 million won per month”, and set Franchis car from the victim.

However, the defendant did not have the intent or ability to pay the rental fee to the victim even if the above car was sirend from the victim.

As such, the Defendant: (a) during the period from December 21, 2013 to March 31, 2014, the Defendant, by deceiving the victim, did not lease the said car to the victim; and (b) did not pay the siren cost of eight million won; and (c) acquired pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the recognition of and reflects on the Defendant’s criminal act; and (b) the reduction of the Defendant’s payment of damages to the victim after the summary order of this case, thereby reducing part of the penalty prescribed in

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