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(영문) 청주지방법원 2019.01.24 2018고단2564

사기

Text

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

Reasons

Punishment of the crime

On September 6, 2018, the Defendant was sentenced to eight months of imprisonment by fraud at the Cheongju District Court, and the said judgment became final and conclusive on September 7, 2018.

1. On January 31, 2017, the Defendant entered into a long-term rental contract for vehicles each month from February 9, 2017 to February 8, 2021, on the condition that the Defendant would pay KRW 622,000 per month for 48 months from February 9, 2017 to February 8, 2021 for the remaining side office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seog-gu, 7, Seosan-gu, which is the victim company.

However, the Defendant: (a) transferred a rental vehicle to a bond company, not for his own use; (b) transferred the rental vehicle to the bond company; and (c) at the time, the Defendant had no specific property and there was no other income; and (d) the Defendant paid the credit card payment amount to KRW 50 million. Therefore, even if concluding a rental contract, the Defendant did not have any intent or ability to pay the rental fee.

Accordingly, the defendant obtained two vehicles from the victim company, which are the amount of 55,300,000 won in the market price.

2. On March 6, 2017, the Defendant entered into a long-term siren contract with the victim company, on the condition that KRW 1,066,000 per month from March 20, 2017 to March 19, 202, the Defendant paid KRW 1,06,000 per month for 48 months from March 20, 201.

However, the Defendant: (a) transferred a rental vehicle to a bond company, not for his own use; (b) transferred the rental vehicle to the bond company; and (c) at the time, the Defendant had no specific property and there was no other income; and (d) the Defendant paid the credit card payment amount to KRW 50 million. Therefore, even if concluding a rental contract, the Defendant did not have any intent or ability to pay the rental fee.

Accordingly, the defendant was obtained from the victim company one motor vehicle in the amount of KRW 55,100,000 at the market price, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1.F and G.