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(영문) 서울서부지방법원 2015.10.28 2015고정969
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

On March 2013, 2013, the Defendant stated that the Defendant would pay repair costs upon the completion of repair in the E office operated by the victim D in Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the “victim D”) to the victim’s KRW 6 million in the repair cost.

However, the defendant had no intention or ability to pay the repair cost even if the victim repairs the vehicle due to the bad credit standing.

As above, the Defendant: (a) by deceiving the victim; (b) accepted the Defendant’s F body-ray vehicle; (c) provided a letter that “the Defendant would pay repair expenses” to the victim; and (d) obtained pecuniary benefits equivalent to KRW 6 million of the said vehicle repair expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A report on investigation by telephone;

1. Statement of failure, and a written statement of the garnishee;

1. The following circumstances acknowledged by the evidence duly adopted and examined by this Court of the register of automobile: ① the Defendant was in bad credit standing for about 10 years prior to the Defendant’s statement; ② the Defendant stated at the investigative agency that no money was paid at the time of repair; and ② the Defendant attempted to pay repair expenses by selling the vehicle as indicated in the judgment; the vehicle is not owned by the Defendant; the Defendant would not have been able to pay the vehicle by selling the vehicle; ③ the Defendant submitted each passbook under the name of the company operated by the Defendant, and each passbook under his own name, and even if the actual money was deposited, the Defendant appears to have been immediately withdrawn; ④ the Defendant prepared each letter to the effect that the Defendant would have been repaid to the victim by April 26, 2013.

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