(영문) 광주지방법원 2017.05.17 2016고단5447

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(영문) 광주지방법원 2017.05.17 2016고단5447

사기

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The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On December 2, 2007, the Defendant was in Songpa-gu Seoul, and the Defendant was in a trade influorial office operated by the Defendant, and the Victim E, who is a student of high school, is influort with internal and external system.

Since benz S Cluses' low-water vehicles have been sold in KRW 70 million.

The phrase “ makes a false statement.”

However, the defendant thought that he was trying to provide money because of the lack of business, and even if he did not have the above benz S Clouses, he did not have the intent or ability to sell the vehicle to the victim, even if he did not receive the vehicle price from the victim.

As above, the Defendant, by deceiving the victim as above, received 70 million won in total, including KRW 60 million around January 4, 2008, and KRW 10 million around January 9, 2008, from the victim under the name of the Defendant, and acquired 70 million in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement for E;

1. A protocol concerning the examination of the suspect of the defendant (including the whole part, part, and E's statement);

1. Statement made by the police for E;

1. A complaint filed by E;

1. The loan certificate;

1. The details of passbook transaction [the defendant, knowing that the victim was using a high-class external vehicle, bears 3.5 million won as the monthly lease cost, while allowing the victim to operate the vehicle by leasing the vehicle LA8 LA8, and the defendant prepared and delivered the certificate of loan to the victim. However, the above loan certificate does not stipulate at all the interest or the repayment period agreement, and the defendant also borrowed a large amount of loan which is KRW 70 million, the defendant did not state at all how to set the interest or the repayment period (the above loan certificate does not substitute the interest with the lease cost). The above loan certificate of this case was remitted to the account in the name of another person other than the defendant under the name of the victim, and the victim requested and prepared as a receipt.

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