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(영문) 대전지방법원 천안지원 2013.06.20 2013고정273

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

[2013Gohap273] The Defendant: (a) around December 24, 2009, leased a vehicle under the condition that the monthly rent of KRW 700,000 is to be paid at the (ju) Together Gunsan Branch located in the Mansan-si, Sinsan-si; and (b) was unable to pay rent early due to economic difficulties; (c) even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to make a timely payment; (d) on May 22, 2010, at the office of the “D loan” for the victim C located in Gangseo-gun, Gangwon-gun, Gangwon-gun, Gangwon-do; (d) paid the FY car in advance to E and used it for a long-term period of one year; and (e) on the part of E, it would recover the vehicle after deducting the amount from E, namely, the 200,000 won from E and then deducted the amount from E.

[2013fixed 442] Around 20:0 on December 24, 2009, the Defendant: (a) completed and leased the vehicle lease contract with employees G and F (former No. H) car of the said company for one month at the monthly rent of KRW 800,000; (b) entered into an agreement with the injured party again with the injured party on the date of termination of the contract; (c) on August 24, 2010, the Defendant did not pay the monthly rent at once, notified the injured party of the termination of the contract and demanded the return of the said vehicle; (d) on October 16, 2010, the Defendant arbitrarily embezzled the said vehicle at the rate of KRW 1317,000 at the market price of the said D loan, as above, and embezzled it.

Summary of Evidence

[2013 High Court Decision 273]

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Investigation report ( telephone conversations for reference) (2013, fixed 442);

1. Statement of the defendant in the second protocol of trial;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning G;

1. A copy of the automobile rental agreement;