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(영문) 대전지방법원 홍성지원 2020.01.14 2019고단461
도로교통법위반(음주측정거부)등
Text

The punishment of the accused shall be determined by one year of imprisonment with prison labor and a fine of three hundred thousand won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

[Criminal Power] On August 9, 2017, the Defendant was sentenced to ten months of imprisonment for a violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court, and completed the execution of the sentence on December 10, 2018.

【Criminal Facts】

1. Fraud;

A. On March 10, 2019, the Defendant concluded that “The Defendant would rent the instant orchard to the victim for one million won and one million and one million and one million five hundred and one year for rent in the instant orchard owned by the victim C, located in Chungcheongnam-gun budget-gun. The deposit and rent would immediately be paid for the delivery of the orchard.”

However, the defendant had no intention or ability to pay deposit money and rent even if he/she receives an orchard as he/she bears the obligation of several million won without any special property at the time.

As above, the Defendant, by deceiving the victim and taking over the above orchard from the victim on the same day, did not pay 2.5 million won in total of the down payment and rent, thereby acquiring property profits equivalent to the same amount.

B. On March 11, 2019, the Defendant made a false statement to D by phone to the victim’s words, “I do not have a fertilizer value due to the lack of the fertilizer value. If I talk to a lessor, I would like to make a reimbursement without the mold, along with the deposit for orchard and the rent, if I would like to talk to the lessor.”

However, the defendant, with bad credit standing at the time, bears the obligation of several million won without any special property, and even if he borrows money from the victim, he did not have any intention or ability to repay it.

The Defendant received KRW 1 million from the victim who received the said Defendant’s oral statement from the said D to the account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

(A) On July 23, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act.

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