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(영문) 의정부지방법원 2020.05.13 2018고단4727
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant indicated in the indictment on August 11, 2017 as “Franchising July 1, 2017,” but in full view of the evidence duly admitted and investigated by this Court, the Defendant paid the siren cost from the victim. On August 11, 2017, the Defendant failed to pay the siren cost of the Franchising Franchising on February 5, 2018.

Since there is no change in indictment, it is judged that there is no substantial disadvantage in exercising the defendant's right to defense, it is modified ex officio

In order to rental a vehicle from "Crenk" in the operation of the victim B located in Guro-gu Seoul Metropolitan Government, the victim is working in the G department oil station, and the investment of KRW 300 million is to pay vehicle sirens if recovered.

'' makes a statement.

However, the defendant did not have the intention or ability to pay the rental fee.

Nevertheless, the Defendant, as above, did not pay the sirens cost agreed to pay to the victim, having the victim use a siren vehicle, such as D LF Sota, En New K7, Fol New K7, and Fol New Car by April 1, 2018.

Accordingly, the defendant, by deceiving the victim, took a siren and took a property benefit of the amount of KRW 19.4 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B and H;

1. A complaint, unpaid details, a long-term vehicle rental contract, a confirmation, and a vehicle rental contract;

1. Investigation report (Submission of materials, such as the complainant B siren contract and attachment thereof), accusation report (change of contents), siren expenses (standard), unpaid adjustment details, siren contract;

1. Application of investigative reports (Attachment of Credit Information A by Suspected Persons), A Credit Information Documents and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the instant case.

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