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(영문) 서울서부지방법원 2013.11.01 2013고정1821
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 24, 2012, around 13:40, the Defendant: (a) in front of the Suwon subway Station located in Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government, the Defendant: (b) in the front of the Suwon subway Station; and (c) the Defendant’s “B-to-purd M&D vehicles” on the part of the injured party’s crew members

9. To return 200,000 won after being used for three days until December 27.

A false statement was made. However, the Defendant did not have the intent or ability to return the said car even if it was given by the victim. Nevertheless, the Defendant received from the victim an amount equivalent to KRW 15 million at the first market price of the said car from the victim and acquired it by deception. 2. On September 24, 2012, the Defendant: (a) around September 14:00, 2012, at the same place, obtained the victim’s name unfortunateed MD vehicle from the victim.

9. To return 180,000 won after being used for three days until December 27.

The term "the expression was false."

However, the defendant did not have any intention or ability to return the car even if the car was set by the victim.

Nevertheless, the defendant was obtained from the victim the amount of KRW 17 million at the market price of the first half of the automobile with the above 17 million from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of each police interrogation protocol against the accused;

1. Application of each police protocol of statement to D and E;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

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

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