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(영문) 춘천지방법원 영월지원 2013.05.28 2012고단425
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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 22, 2010, the Defendant concluded a contract to lease automobiles with C, the victim’s employees, and D, the victim’s ownership, at the victim’s C, the victim’s employees, and the monthly rental fee of KRW 2.2 million, and the monthly rental fee of KRW 1.1 million, and concluded a contract to rent the automobiles with the above C at the victim’s Keren Ganton Port, Co., Ltd., Ltd., Ltd. located in 241-5, 241-5, Dongcheon Building 109.

However, from June 2010, the Defendant started business by establishing a right to collateral security on the pent and land owned by the partner in order to operate a female-only ward room, and it was thought that the Defendant would operate the above business and pay the lending fee in a timely manner, and the business prospects was not certain. At the time, the Defendant did not have the intent or ability to pay the lending fee on a timely basis, even if he rents a car, because there was no financial situation such as using the math loan with the math loan.

The Defendant, by deceiving the above C as such, obtained a franchise from the above C to use the car from December 21, 201, and paid a total of KRW 2.2 million and KRW 1.1 million per month rental fee, and did not pay the remainder of KRW 17.6 million (16 months x 1.1 million) and acquired a pecuniary benefit equivalent to the same amount.

Around September 5, 2011, the Defendant made a false statement to the victim G at the F office located in Gyeyang-gu, Incheon, Gyeyang-gu, Seoul, that “I would pay the price for the goods to the main company, but will pay the price for the loan of credit card after the month.”

However, the defendant did not have the intent or ability to pay the price even if he borrowed the credit card from the victim as above.

As such, the Defendant deceivings the victim, and then is a new card, lot card, modern card, etc. from the victim.

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