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(영문) 대구지방법원 경주지원 2014.06.25 2014고단25

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Around July 2012, the Defendant borrowed money to the victim C at the "B" office operated by the Defendant located in the Gangwon-do fleet, the Defendant: (a) borrowed money to the victim C; and (b) transferred the vehicle to the owner of the vehicle; (c) the employee failed to pay the money; (b) the D representative F made a written statement of the waiver of the right to the vehicle and transferred the vehicle to the owner. (b) The Defendant would allow the owner of the vehicle to operate the said vehicle if he/she lends the name necessary for the transfer of the vehicle to the owner of the vehicle; and (b) would allow the owner of the vehicle to continue to pay the lease fee as the owner of the vehicle and return the deposit money at the time of returning the vehicle; and (d) the victim paid KRW 10.5 million to the victim, he/she made a false statement to the effect that he/she would have the said vehicle driven by the Defendant.

However, in fact, the Defendant already made it clear that the “J” in the G indictment was a clerical error on April 2012, and thus ex officio correction (hereinafter the same applies). As the Defendant received deposit of KRW 17 million from the Defendant to operate the said vehicle, G was in operation upon delivery of the said vehicle. However, there was no intention or ability to recover the said vehicle from G to deliver the said vehicle to the victim.

Nevertheless, around July 2012, the Defendant had to substitute 5,500,000 won, which the Defendant had been under custody for the victim, as a vehicle deposit. On August 3, 2012, the Defendant received a total of KRW 5,050,000 from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution and the police (including the C’s statement);

1. Protocol concerning the examination of suspect of G;

1. Statement of the police statement related H;

1. A complaint, a written application for detention summary, a written application for notification of the results of an interim investigation before transmission, each statement of liquidity transactions, a vehicle transaction protocol, a motor vehicle register, a peremptory notice of payment of lease fees, prior notice of prior cancellation of contract, prior notice of waiver of right, a written statement of waiver of right, a full certificate of registered matters, and