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(영문) 창원지방법원마산지원 2020.09.09 2020고단290
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On October 26, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. in the Gwangju District Court’s Net Branch Branch on August 24, 2017, and completed the execution of the sentence. On November 14, 2018, the Defendant was sentenced to one year and six months of imprisonment with prison labor for fraud, larceny, etc. in the Jinwon District Court’s Jinju Branch Branch on November 14, 2018, and completed the execution of the sentence in the port prison on December 15, 2019.

【Criminal Facts】

It is recognized that part of the crime is revised to the extent that it does not harm the defendant's right of defense.

1. On March 8, 2020, between 207 to 208, 19:10, and 19:47, the Defendant: (a) committed theft, taking advantage of the gap in which the victim D posted a key to the E-cargo owned by the victim, thereby cutting off the said cargo vehicle on the front of C located in Changwon Man City Member B; and (b) the victim D posted a key to the E-cargo owned by the victim, thereby cutting it.

2. Violation of the Road Traffic Act;

A. On March 8 through 9, 2020, the Defendant, around March 8, 2020, driven E-motor vehicle without obtaining a driver’s license from the Do in front of C in Changwon-si, Changwon-si, Seoul to the Roterri in Daegu North-gu, Daegu, from March 8 through September 9, 2020.

B. Around March 10, 2020, the Defendant driven the said cargo without obtaining a driver’s license in the section of approximately 630 km from the streetter located in Daegu Northern-gu to the area near the Gyeong-gun, Gyeongcheon-gun, Gyeongcheon-si, Gyeongcheon-si, and the Sim-si bus terminal, via the mar-dong, around March 10, 2020.

C. Around March 11, 2020, the Defendant driven the above cargo without obtaining a driver’s license on a section of about 8.5 km from 11, 2020 to 1,000 to 2,00,000, in the 195km-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-do.

3. The Defendant, on March 10, 2020, received oil from the victim G, operated by the victim G in the Gyeong-gun F, Gyeongnam-gun on March 10, 202, even if he/she did not have any property other than KRW 50,00,00 that he/she was in possession, he/she has the ability or intent to pay the price.

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