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(영문) 대전지방법원 2015.11.25 2015고단2066
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 1, 2015, the Defendant received a summary order of KRW 5 million as a crime of fraud from the Daejeon District Court. On April 9, 2012, the Daejeon District Court received a summary order of KRW 2 million as a crime of fraud. On February 0, 2011, the Cheongju District Court received three times a summary order of KRW 2 million as a crime of fraud. On June 30, 2015, the Defendant was sentenced to a suspended sentence of KRW 2 million with imprisonment for 10 months due to a violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) at the Daejeon District Court. On July 8, 2015, the said judgment became final and conclusive on July 8, 2015.

1. Deforestation of vehicle rental deposit to victims D;

A. A. Around May 13, 2014, the Defendant stated to the effect that, around May 13, 2014, the Defendant: “Around May 13, 2014, the Defendant stated to the victim D that “I would not lease the previous car. I would return the security deposit when I would return the vehicle if I would pay the deposit without rent if I would return the vehicle.”

However, the defendant did not have the intention or ability to return the deposit to the victim.

Nevertheless, on May 13, 2014, the Defendant, by deceiving the victim as such, leased one motor vehicle in the YFnasa to the victim, and received 4 million won from the victim as a vehicle deposit account.

B. Around November 11, 2014, the Defendant stated to the effect that “Around November 11, 2014, the Defendant, who committed the crime, told the victim D that the said car cannot be operated because it was driven at the time” due to the said vehicle’s failure to be operated, saying, “Around November 11, 2014, the Defendant would give rise to the entire deposit when he returned the vehicle.”

However, the defendant did not have the intention or ability to return the deposit to the victim.

Nevertheless, on November 11, 2014, the Defendant, by deception, received two million won as additional deposit money from the victim, to the Defendant’s post office account.

C. Around January 20, 2015, the Defendant committed a crime on or around January 20, 2015 (hereinafter “Defendant”) to the victim D (hereinafter “victim D”).

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