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(영문) 대구지방법원 2012.08.10 2011고정2222
사기
Text

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

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

Reasons

Punishment of the crime

On May 1, 2010, the Defendant paid KRW 300,000 from “D” to “D” in the operation of the Victim C at the time of stay at around 22:00, and lent and used the E options car owned by the victim for four days until May 5, 2010, and then reconvened the victim on May 5, 2010, and made a long-term loan at one month intervals, and there are several KRW 700,000 per month sirens.

The said car was used for the first time before August 2010 after the consent was obtained from the first time.

In fact, however, there was no intention or ability to pay the cost even if the vehicle was lent from the victim.

Accordingly, the Defendant, by deceiving the victim, acquired the above passenger car use fee [average 23,300 won (average 700,000 won/30 days) x 105 days, total 2,446,50 won] from the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Investigation report (one volume, 72 pages of investigation records);

1. A copy of a vehicle lease contract;

1. Application of the statutes governing content certification;

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

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

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

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