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(영문) 부산지방법원 2018.09.06 2018고정864
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

1. On November 21, 2015, the Defendant: (a) around November 21, 2015, at the 1520 hot spring station basin in the center of Busan Dong-gu around November 21, 2015, the Defendant: (b) stated that, while the Defendant was carrying the victim Q from the Pport in the name of the Defendant’s Pport in the name of the Pport in the name of the Pport in the name of the Gu-dong-gu, Busan; and (c) that, while the Defendant was going into the Gu-si basin, “the Defendant would attempt to newly buy the truck; and (d) the said vehicle was in the name of the Defendant; (c) there was a large amount of unpaid fines for negligence; and (d) even if the Defendant received money from the victim, the Defendant

The defendant deceivings the victim by such a method and acquired 700,000 won by receiving 70,000 won in cash from the victim on the same day.

2. On December 3, 2015, the Defendant made a false statement on December 3, 2015, stating that “The Defendant, in the vicinity of the Busan Franchising race, changed the annual insurance premium to be transferred to the victim Q Q.”

However, even if the defendant receives money from the injured party as a premium, he did not have any intention or ability to transfer the vehicle to the injured party or use it as insurance premium

The defendant deceivings the victim by such a method, and acquired 90,000 won in cash from the victim on the same day as the vehicle insurance premium for the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police to Q Q;

1. Application of Qua’s accusation Acts and subordinate statutes

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria are not applicable because of the choice of fines to apply the sentencing criteria. 2. The motive, background, amount of damage, and time after the crime was committed.

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