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(영문) 대전지방법원 2018.08.10 2017고정647
사기
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged [2017 High 647, the representative C] AB entered into a lease agreement for a car in E Car with the Dispute Resolution Co., Ltd. on December 2, 2015, under the condition that it pays the amount of KRW 48 months between D and C, and the amount of KRW 726,40 per month, and operated the said vehicle on February 1, 2016.

F is bound by separate cases, and it has become difficult to operate the leased vehicle.

On February 15, 2016, the Defendant heard from the representative C the statement to the effect that “I use a car for car, pay the rent instead of the car” at the above B office located in the Special Self-Governing City of Sejong around February 15, 2016, and refused to do so. On April 2016, the Defendant stated that C lent a vehicle to that effect.

However, even if the defendant borrows the vehicle in the name of B, the defendant did not have the intention or ability to pay the lease cost while using the vehicle.

Nevertheless, even if the Defendant deceiving C as above and received the said car from the injured party, and used it until August 16, 2016, the Defendant did not pay a total amount of KRW 2,905,760 (i.e., monthly lease cost of KRW 726,440 x 4 months) during that period, thereby acquiring property benefits equivalent to the same amount.

[2017 Highly 972] On February 16, 2016, the Defendant made a false statement to the victim C (W, 57 years of age) within the “J” office located in Sejong Special Self-Governing City H building I located in the Seoul Special Self-Governing City, the Defendant made a false statement to the victim C (F) that “I will give him 50,000 won to K, even if I want to pay for the car.”

However, the defendant did not intend to receive 50,000 won from the injured party, even if he received the delivery.

The defendant deceivings the victim as above and received 500,000 won from the victim to the M (N) account in the name of a person living together with the victim.

However, as direct evidence corresponding to each of the facts charged in this case, a victim C's accusation statement, investigative agencies and this court has been made.

However, through each evidence duly adopted and examined in this Court.

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