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(영문) 수원지방법원여주지원 2020.10.19 2020고정199

사기

Text

The defendant shall be punished by a fine of three million won. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant concluded a contract with the victim D who operates “C” at a non-place in Gangnam-gu Seoul Metropolitan Government B (hereinafter referred to as “C”) in Gangnam-gu, and told the victim to the effect that “I will rental the E E E E E-cub motor vehicle with a daily rental fee of KRW 3.50,000 for the purpose of internal use.”

However, even if the defendant rents the above vehicle from the victim, the defendant was thought to transfer it to a third party, not to directly use it, and there was no intention or ability to pay the siren to the victim normally.

Around December 2, 2015, the Defendant, by deceiving the victim as above, received the above vehicle from the victim on or around December 2, 2015, and then returned the vehicle to the victim on or around June 8, 2016, and did not pay the victim a total of KRW 17,400,000.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police officer's written statement statement concerning D's legal statement of the defendant to pay the rental agreement and the settlement of payment;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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;