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(영문) 대구지방법원 포항지원 2013.10.02 2013고정266
사기등
Text

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

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

Reasons

Punishment of the crime

On February 18, 2013, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Central District Court on the part of May 10, 2013, and the said judgment became final and conclusive on May 10, 2013.

On July 21, 2011, the Defendant, at the C office located in Jincheon-gun B, Chungcheongnamcheon-do, reported the victim D, and falsely reported the permissible special purpose-type truck that is not allowed to scrap a general truck as a general truck, and fraudulently acquired the E-motor vehicle number plate from the victim as if it were a general truck, and obtained 18 million won from the victim as the number plate name.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Previous conviction: Application of a certified copy of judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Acquittal portion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act;

1. The expansion of the number of trucks by a person who has obtained permission for trucking transport business under the facts charged shall be the modification of the permitted matters and shall obtain permission for modification from the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry

Nevertheless, the defendant, however, has increased the general truck without obtaining permission for change by replacing the specific-use truck with the general-use truck and registering it with the general-use truck, in order to operate the truck transport business.

Although the Defendant is not allowed to scrap the permissible special-use truck in the Cheongbuk-do Freight Trucking Association as a general truck, the Defendant, despite the fact that the trucks scrapped in order to replace the permissible special-use truck owned by C (State) with the general-use truck for the general-use truck, shall make a false report to “general-use truck,” regardless of the fact that the trucks scrapped for the specific-use truck in order

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