beta
(영문) 청주지방법원 2019.10.17 2019고단744

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 2017, the Defendant was aware of the fact that the victim D, who was hospitalized in the same hospital located in the C Hospital located in the Cheongju-si Office B, was in possession of the FMWX5 vehicle in the name of Dong E, and operated the vehicle under the pretext that he was not temporarily lent the above vehicle, and was able to borrow money from others or provide the vehicle as security by using the vehicle.

1. Around January 2018, the Defendant against the victim D told the victim D of the petition G building H in the Cheongju-si Office G building H, Cheongju-si, the residence of which is located, that “packs D with the cancellation of the license, and if he lends the BMW X5 vehicle operated by NN prior to the acquisition of the license, he/she would pay the lease fee instead and operate it temporarily.”

However, the defendant did not intend to pay leasing fees on behalf of the victim or return the transferred vehicle even if the victim D delivers the vehicle, and the defendant was planning to borrow money from another person or to provide the vehicle as security by using the vehicle while operating the vehicle.

Nevertheless, the defendant deceivings the victim as above and acquired the amount of FMW X5 car from the victim on January 2018 at the market price of 49,880,000 won.

2. Around December 9, 2018, the Defendant: (a) sent a phone call to the victim I who became aware of being hospitalized in the same hospital at that time; and (b) during that period, the Defendant was operating the FMW car in the Hong Kong by managing the FMW car quantity owned by the Defendant only for one year; (c) as the vehicle may be destroyed while operating the vehicle instead, the Defendant called “a remittance to an account within seven million won as a deposit amount.”

However, in fact, the above BMW car is not owned by the defendant, and the defendant did not intend to lend the vehicle to the victim even if the victim I remitted 7 million won to the victim, and the above vehicle is different.