(영문) 전주지방법원 2018.05.30 2018고정39

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(영문) 전주지방법원 2018.05.30 2018고정39

사기

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On February 24, 2017, at the Defendant’s residence located in Jeonsan-si C 1 and 206, the Defendant entered into a siren agreement between the victim L&C Co., Ltd. and the victim-owned cleaning machine for 49,800 won per month and 48 months from March 20, 2017 to February 20, 2021, and received the said cleaning machine.

However, the Defendant did not have the intent or ability to pay the rental fee even if he received the aforementioned cleaning machine by not paying rental fee at all until June 2017, such as leaving contact with the Defendant.

Accordingly, the defendant deceivings the victim, thereby deceiving 1,744,90 won at the market price of the cleaning machine.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Complaint;

1. A criminal investigation report (related to the statement of suspect performance) [The following facts are acknowledged according to the evidence mentioned above.

When concluding a rental contract with the victim, the defendant paid the rental fee by the automatic transfer method from the deposit account in the name of the defendant.

However, the automatic transfer was not made due to the shortage of balance, and the defendant did not pay the rental fee at all despite the demand for payment of the victim's employees.

After the victim filed a complaint against the Defendant on August 2017, the Defendant agreed that “300,000 won out of the penalty shall be paid first, and the remaining penalty shall be paid in installments by 200,000 won per month.”

However, on August 17, 2017, the Defendant paid only KRW 300,000 out of the penalty and did not comply with the promise to pay the remaining penalty in installments. The Defendant agreed with the victim by way of returning the cleaning machine only after January 2018, which was the date of the instant indictment, and paying KRW 600,000 out of the balance of the penalty, and receiving exemption from the remainder.

Notwithstanding this court's name, the defendant is economical to pay the rental fee at the time when he entered into a siren contract.

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