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(영문) 대구지방법원 경주지원 2018.01.18 2017고단332

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daegu District Court on November 25, 201, and two years of suspended sentence, and the said judgment became final and conclusive on December 3, 2011. On March 13, 2012, the Daegu District Court was sentenced to six months of imprisonment for fraud and two years of suspended sentence on March 21, 2012, and the said judgment became final and conclusive on March 21, 2012. On August 14, 2012, the same support was sentenced to eight months of imprisonment and two years of suspended sentence for the same crime, and the said judgment became final and conclusive on August 22, 2012.

【Criminal facts】 On June 5, 201, the Defendant: (a) sent the victim C in the vicinity of the modern middle industry dormitory located in the area of the U.S. Si/Gung-dong in the U.S. Si/Gung-si, Busan; and (b) made the victim use the DG car without any separate monthly sirens for one year, for a period of 13 million won in the inner area of the guaranteed money.

If the car is returned after one year, the principal of the deposit will be returned.

“Falsely speaking to the effect that it is “.......”

However, in fact, the said car was a rental car borrowed from the rental car company. At the time, the Defendant had already lent 10 or more sirens to another person, and the Defendant was liable for the repayment of deposit amounting to KRW 80,000,00,000, and did not pay the monthly rental fee for the existing rental car. Thus, even if the Defendant received money from the damaged person as a security deposit, the victim did not have any intention or ability to use the said car for one year or to return the money equivalent to the deposit amount for one year.

The Defendant, in collusion with B as above, deceivings the victim, and 1 million won around June 5, 201 from the victim, and 12 million won around June 8, 201, respectively, was transferred to B account in the name of B.

The Defendant, on April 8, 2011, at the front parking lot of the E Hospital located in Ulsan-si, Ulsan-si, Seoul-si, the victim F, “8 million won is lent to the victim, and when the vehicle is returned after two years, the principal will be refunded to the victim F.

(b) return.