사기
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 26, 2014, the Defendant agreed to pay the vehicle rent of KRW 900,000 per month from the victim D Co., Ltd. located in Seocho-gu Seoul Metropolitan Government Section B building C, and entered into a contract for the vehicle rent for E-TG car.
However, the Defendant had already failed to pay the rent of KRW 33,150,000, which he borrowed from the victim at the time, and there was no certain import. In fact, the Defendant did not have the intent or ability to pay the rent even if the vehicle is leased from the victim.
Nevertheless, the Defendant, by deceiving the employees in charge of the victim company, entered into the vehicle rental contract as above, and did not pay KRW 36,000,000 for the vehicle rent from March 6, 2018, thereby acquiring property benefits equivalent to the same amount.
Summary of Evidence
1. Examination of the suspect's interrogation of the defendant's partial statement in court (including questioning part in F);
1. The defendant and his defense counsel argued that the defendant was well aware of the possibility that the defendant could not pay the rent because the victim leased the vehicle to the defendant from around 2009 to three times, and that the defendant had the intention to pay the rent, and that there was no intention to commit deception and fraud by the defendant.
However, according to the evidence duly adopted and examined by this court, the following circumstances are acknowledged: (a) the victim continuously requested the defendant to pay the rent for the vehicle; (b) the victim, who operates a siren business for profit-making purposes, knew that he could not pay rent to the defendant; and (c) the defendant would have known that he would not pay rent to the defendant; and (d) the defendant would have demanded the victim to recover the money invested to pay the delayed rent; and (e) the defendant also paid the rent at the time of the lease of the vehicle.