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(영문) 의정부지방법원 2018.07.25 2018고단61
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On November 17, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud at the District Court of Jung-gu for ten months. On December 17, 2016, the Defendant completed the execution of the said sentence at the District Court’s prison on December 17, 201.

[2] On September 9, 2017, the Defendant: (a) driven Cbenz car under the influence of alcohol level of about 10km from the 10km section to the front road of the 1593 amben-day, the CWz car in the influence of alcohol level of about 0.120%, from the 10km section to the front road of the amben-ro 1593, the CWz car in the influence of alcohol level of about 0.120%, in order to ensure that the Defendant was under the influence of alcohol level of around September 9, 201.

around September 26, 2017, the Defendant: (a) purchased a high-speed scoofing vehicle to the victim D on September 26, 2017; (b) taken the victim into account to the trading company of the “E” in Incheon; and (c) shown the victim a FN scoof vehicle to the victim; and (d) made the victim false statement to the victim that “one million won of the down payment after entering into the vehicle sales contract,” and “the victim entered into the vehicle sales contract, and the vehicle will be released to this note,” at a place on October 10, 2017.

“Falsely speaking,” and to conclude an automobile insurance contract with respect to damage at an unspecified place on October 19, 2017.

The phrase “ makes a false statement.”

However, even if the defendant was paid money from the injured party, he was thought to use it as living expenses, etc., and he did not have the intent or ability to purchase the valuable vehicle to the injured party or to enter into an insurance contract.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) transferred KRW 1,00,00 from the victim to the bank account in the name of G as the down payment on September 26, 2017; and (c) settled KRW 3,240,000 from I to H in the name of the victim via the agricultural credit card of the victim at Yangju-si on October 10, 2017; (b) received KRW 2,00,000 from the Dongbu Electronic Service Center in cash from the Government-Si, and received KRW 5,22,00,00 from the Dongbu Electronic Service Center in the name of the victim to the G bank account; and (c) around October 19, 2017.

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