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(영문) 대구지방법원포항지원 2020.12.09 2020고단989
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around August 27, 2018, the Defendant paid a rental of KRW 1,400,000 to 32 of the market price with a person in charge of the B Co., Ltd. at a place where it is not known to the victim, and entered into a rental contract on the condition that he/she will notify the victim of the transfer of the goods under the contract during the rental contract period to another person during the rental contract period. The ownership of the goods under the contract is the victim, and the contractual goods under the contract cannot be transferred or transferred to another person without the victim’s approval during the rental contract period.

Then, around August 28, 2018, the Defendant agreed on such terms and conditions as the above. However, the Defendant entered into a siren agreement with the victim of the damage, with one tacte (the terms and conditions for payment of KRW 36,900 per month of sirens), which is equivalent to the market price of KRW 2,200,000, and one tacte presse (the terms and conditions for payment of KRW 24,900 per month of sirens), which is equivalent to the market price of KRW 1,450,000, and one water purifier (the term and conditions for payment of KRW 24,900 per sirens), which is equivalent to the market price of KRW 609,000 (Provided, That 36 months of sirens, 19,900 per month of sirens).

However, in fact, the defendant would receive 1.5 million won from his name in return for the condition that he entered into a siren contract and lent his name. Therefore, the defendant thought that he would receive and use the siren contract from his name in return for the use of it, and there was no intention or ability to pay the victim a siren fee by installing and using the siren contract at the place of installation specified in the contract.

Around August 29, 2018, the Defendant, by deceiving the victim, had the victim deliver to the victim a 609,000 water purifiers equivalent to the market price of 609,000 won, one tact lease equivalent to the total market price of 3,650,000 won, and one tact lease equivalent to the market price of 3,650,000 won, and one tact lease equivalent to the market price of 44,80,000 won (a total of 49,000 won) around September 8, 2018, respectively.

This is the defendant.

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