Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2017 Highest 176]
1. Crimes against siren fraud;
A. On April 5, 201, the Defendant against the victim C, along with D, would allow the victim C to use K7 car without a separate siren for one year from the date of paying the guarantee amount of KRW 12 million, and return the said car after one year, the principal will be returned.
“A false representation was made.”
However, in fact, the defendant and D thought that they will deliver to the victim the K7 car borrowed from the Litcar company, and the situation was that they should use the car for the purpose of the repayment of each party's obligation with the deposit money received from the injured party, so even if they receive the above deposit money from the injured party, they would normally pay the Litcar company the rental fee for one year so that the injured party would normally operate it for one year, or there was no intention or ability to return the deposit to the injured party after
Accordingly, the Defendant, in collusion with D, by deceiving the victim as above, and obtained a total of KRW 12 million from the victim to receive KRW 9 million on the same day and KRW 3 million on the following day.
B. On April 7, 2011, around 19:30 on April 7, 201, the Defendant against the victim E would allow the victim E to use a YF YF rocketing car without any separate siren for one year, and return the said car after one year.
“A false representation was made.”
However, in fact, the defendant and D thought that they will deliver YF YF rocketing car borrowed from her laca company to the victim, and the situation was that they should use the car for their respective purposes such as repayment of their debts from the injured party. Therefore, even if they receive the above security deposit from the injured party, they would normally pay siren costs to her laca company and cause the injured party to normally pay it for one year.