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(영문) 서울서부지방법원 2015.01.28 2014고단2866

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a franchise photographer, borrowed a camera from a carmer, had no intention to return it even if he used the carmer at the carmer rental company, and had not returned the carmer, and the defendant's name was anticipated not to lend the carmer in the name of the defendant, and he borrowed the carmer from the carmer to sell it to the pawner.

1. Around November 26, 2009, the Defendant made a telephone call to the former workplace rent B, and read, “I lend equipment instead of the equipment, by finding in C, a carmere rental business entity,” and on the same day, B, who is aware of that fact, signed and sealed the lease contract as if he borrowed from the victim E in Seocho-gu Seoul Metropolitan Government D building 603, and then leased 11,022,50 won in total at the market price, EOS 5D Mark 2 car, and 1 siren.

In addition, the defendant acquired the Kameras from B in front of the entrance way of the subway No. 3 in the Gangnam Station of the subway No. 2, the defendant acquired the Kameras from B.

2. The Defendant, around November 26, 2009, leased 1D Mark 3 Kaz, 3 Kaz, and 3 Gaz to F, who is a branch of F, of F, on the same day, as F, signed and sealed the lease contract as F, located in No. 307 of the Mapo-gu Seoul International Building, with his own Kameras as if he borrowed the Kameras.

In addition, the Defendant acquired the Kameras, etc. on the roads of K K's gas station located in Mapo-gu Seoul Metropolitan Government J, by fraud.

In this respect, the defendant, using B and F without knowledge of the fact, obtained the victim the sum of the market price of 20,186,50 won and the sirens from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding L;

1. Each police statement against M, F, and B;

1. Application of the Acts and subordinate statutes of each lease contract;