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(영문) 대전지방법원 2015.11.20 2015고정1480
사기등
Text

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

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

Reasons

Punishment of the crime

1. On February 2012, 2012, the Defendant held that “The Defendant would have up to KRW 7 million on the face of a scoo vehicle possessed by a scoo vehicle, which he/she sold to the Defendant a scoo vehicle operated by the victim C in Seo-gu Daejeon, Seo-gu, Daejeon, and demanded the victim to sell the scoo vehicle owned by the victim to the Defendant.”

However, even if the Defendant did not have any property or income at the time, and even if he did not have the ability to pay the price within 2-3 months even if he was transferred the Ecoos car owned by the victim, the Defendant made a false statement, which was obtained from the victim and obtained by the victim the Ecoos car in an amount equivalent to KRW 10 million at the market price.

2. On February 2, 2012, the Defendant received 25 million won as down payment from the victim, on the ground that the Defendant purchased the victim’s multi-household housing at a low price in the Dial bath for the management of the victim C, and that he/she can immediately receive money from the victim.

The Defendant received KRW 25 million from the victim as contract deposit, but did not enter into a contract, and received a request for return from the victim, and kept 20 million won in custody without returning it. On February 2, 2012, the Defendant embezzled by arbitrarily consuming it by lending it to F with the knowledge of the victim, without permission from the victim at the end of February, 2012.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of legislation of a written payment confirmation;

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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