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(영문) 제주지방법원 2015.02.16 2014고단1614
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 9, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Daegu District Court on May 9, 2013, and the probation period becomes final and conclusive on October 25, 2013.

1. Fraud;

A. On June 9, 2014, around 10:40 on June 10, 2014, the Defendant told the victim B to pay KRW 50,000 per day in the name of the rental fee if the Defendant leased the vehicle for TG car to the victim B in front of the manpower office where it is difficult to know the trade name in the Line of Macheon-si.

However, the defendant did not have any intention or ability to pay the rental fee even if he borrowed a car from the victim because he did not have property at that time and did not have any job.

Nevertheless, the Defendant, by deceiving the victim as above and using TG car from the victim for four days, acquired property benefits equivalent to KRW 200,000.

B. On June 10, 2014, around 11:00 on June 10, 2014, the Defendant stated that the Defendant would pay KRW 50,000 in the case of a flat day in the name of the lending cost, and KRW 60,000 in the case of a gold day and a weekend.

However, the defendant did not have the intent or ability to pay the rental fee even if he borrowed a car from the victim for the above reasons.

Nevertheless, the Defendant, by deceiving the victim as above and using TG car from the victim for 4 days, acquired property benefits equivalent to 230,000 won for the loan.

Accordingly, the defendant acquired a total of 430,000 won from the victim twice.

2. The Defendant of embezzlement is set forth in subparagraph 1(b).

Upon request of the victim B to receive the outstanding amount at the time and place specified in the subsection, G receives 100,000 won of the outstanding amount from G to the Bank account under the name of the defendant, for the victim.

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