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(영문) 서울동부지방법원 2017.09.20 2017고단1147

사기등

Text

A defendant shall be punished by a fine of three million won.

When the defendant does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. On June 17, 2016, the Defendant entered into an operating lease agreement with the lessee on the condition that the lessee’s joint and several surety is the D Co., Ltd. operated by the Defendant, the lease period of which is 36 months, the monthly payment rate of KRW 3,02,90 on the same day, and the above vehicle was transferred to the Defendant and kept for the victim on the same day.

However, the Defendant, on December 12, 2016, failed to pay the rent, and the lease contract was terminated several times from December 16, 2016, refused to comply with the demand for return without justifiable grounds, and operated the said vehicle until March 14, 2017.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant, at the Defendant’s office located in Songpa-gu Seoul Metropolitan Government F around November 2016, called “the vehicle of our company is insufficient.”

It is intended to settle the transportation cost and settle the accounts without the mold of the bus lending for a half month.

“A false representation was made.”

In fact, however, the defendant had no intention or ability to properly settle the transport cost even if the bus was leased from the injured party because the lease fee of the bus that was leased from the lessee to the lessee was in arrears and it is difficult to recover the bus.

The Defendant: (a) by deceiving the victim as above; (b) obtained a loan from the victim on November 21, 2016 and operated a bus on a total of 26 occasions until December 8, 2016; and (c) did not pay a total of KRW 5,720,000, and thereby acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Embezzlement - I testimony

2. Fraud - J, H testimony - Application of the statute of limitations on the prosecution examination protocol to the accused

1. Penal Provisions.

참조조문