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(영문) 서울중앙지방법원 2013.11.13 2013고정5165
사기등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The accused is to offer the above vehicle to the victim C as security until he/she performs his/her obligation, although he/she has no intent to provide his/her vehicle B as a security for the obligation, or has no intent or ability to pay the obligation;

A. On September 2, 201, around 23:00 on September 23:0, 201, in front of the E-gu Seoul Seongbuk-gu E-gu Branch, left his/her vehicle and its keys, and deceiving the victim as if he/she were to repay the following day, and received KRW 5 million in cash;

B. Around September 21, 201, around 21:00, he/she received a total of KRW 9 million from the victim in cash on two occasions, such as receiving KRW 4 million in cash as security his/her own car and his/her resident registration certificate, in front of the French-gu Seoul Metropolitan Government head, by means of the same method, around September 3, 201.

2. On September 14, 2011, the Defendant provided the victim as security and obstructed the victim’s exercise of rights by arbitrarily taking the above body-man car owned by the Defendant, which was possessed by the victim, at the G pay parking lot located in Jung-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police protocol law to C

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act, Article 323 of the Criminal Act, and the choice of a fine for a crime;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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