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(영문) 대구지방법원 안동지원 2018.11.06 2018고정49
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 13, 2017, the Defendant stated that “In the office of the Dispute Resolution Co., Ltd. Co., Ltd. Co., Ltd., located in the Si of Gyeongbuk-si, the Defendant called the victim D by telephone, “The victim D shall be able to resolve all the amount of 4.90,000 won and the amount of 4.80,000 won of the damage incurred at the time of theft

However, there was no intention or ability to pay the rental fee for the above vehicle due to the lack of money.

Nevertheless, the Defendant: (a) by deceiving the victim and leasing the vehicle from the victim to December 8, 26 of the same year from the same date; (b) obtained property benefits equivalent to KRW 2,080,000 by using the vehicle for 26 days from the same date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes governing a copy of a lease agreement of a vehicle and a field photograph of a vehicle left;

1. Relevant legal provisions concerning criminal facts: Article 347 (1) of the Criminal Act (Selection of a punishment penalty);

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

1. Suspension of execution: Although the contents of the crime committed by the victim for the reason of sentencing under Article 62(1) of the Criminal Act are not weak, it appears to be not intentional defraudation but to be the crime by dolusor intentional negligence, and it is against the depth of his or her mistake, current cerebral Bribery, etc., and it will live faithfully as a member of a sound society in the future;

It is judged as ordered by taking into account the following factors: the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc.

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