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(영문) 전주지방법원 2018.04.26 2017고단2367

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 11, 2016, the Defendant: (a) in the “D”; (b) in the “D”; and (c) in the Victim E operating the said siren company, the rental car company located in Yasi-gu, Yasi; and (d) the Defendant:

7.1. He/she will pay 800,000 won per week rental rental fee for one month from the date on which he/she drives LF Beta.

“After false statement,” the same year:

8. 11. At the arrival of the foregoing time limit, the victim would re-be paid KRW 800,000 on a day-to-day rental of the vehicle to the victim.

“A false representation was made.”

However, the facts are stated in the indictment of KRW 1.5 million in the name of KRW 26 million and the defendant's mother F, which was unpaid at the time. However, according to the records (3rd page 16 pages), it is obvious that it is a clerical error of KRW 1.50 million in the name of KRW 1.5 million, which is clearly changed ex officio.

There was no capacity or intent to pay the fee even if the above vehicle is rentaled due to the debt of the household.

Nevertheless, the Defendant did not pay KRW 2,580,000 of the vehicle rent even after receiving the vehicle from the injured party, thereby taking property benefits equivalent to the same amount.

2. The Defendant, around December 30, 2016, tried to open a Soviet mobile phone in the name of Samsung Ggallon in the name of the Defendant, “I” operated by the victim H in 105 of the Y in the YY-gu Seoul Special Metropolitan City G Building 105.

However, since there is no identification card, it is possible to prepare documents necessary for the application for membership of a mobile phone and send identification cards to the home-house.

Along with the falsity, an application for joining a mobile phone was prepared.

However, even if the defendant got the above mobile phone from the victim at the time, he did not have the intention or ability to pay the mobile phone by opening it in the name of the defendant's outer money.

Nevertheless, the defendant acquired the above mobile phone amounting to 924,00 won at the market price from the victim, namely, the victim.

Summary of Evidence

1. The defendant's statement in court;