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(영문) 대전지방법원 2016.03.18 2015고단3645
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 27, 2013, the Defendant stated that “If the Defendant lent 18 million won to the victim as a business operation fund for the business site, the Defendant would provide the victim D with a collateral and make payment after six months, the Defendant would make payment after the lapse of the six-month payment, and the vehicle within the country would be sufficient as a collateral without any problem after the lapse of the remaining installment period.”

However, in fact, the rental car business office operated by the defendant did not pay the installments of the number of rental vehicles, including the above four times, and was notified by the Hyundai Tourism Liber of the termination of the vehicle rental contract and the closure of the business office of the defendant, and there was a bond of KRW 100 million and there was no intention or ability to pay the amount of money of the victim.

As such, the Defendant, by deceiving the victim as such, obtained KRW 10 million from the victim on February 27, 2013, and acquired KRW 18 million in total from the victim on the pretext of the loan, on March 2, 2013, KRW 2.5 million on March 2, 2013, KRW 2.3 million on March 5, 2013, KRW 700,000 on March 7, 2013, and KRW 2.5 million on March 2013, respectively.

2. On September 1, 2013, the Defendant: (a) at the same place as the early police officer No. 1, the Defendant concluded that “I will pay KRW 7 million in a lump sum to the victim D with a vehicle for 5 rental car, which is a rental car of our company, as security; (b) if I borrowed KRW 7 million, I will pay the loan to the victim at once, and (c) if I would pay almost all the installments, I would immediately have the vehicle in the vehicle, which would be sufficient as security.”

However, in fact, the rental car business office operated by the defendant was in the state of being notified by E of the termination of the vehicle rental contract and the closure of the business office of the defendant due to the overdue payment of the number of rental vehicles including the above K5, and there was no intention or ability to pay the victim's money due to the existence of bonds of KRW 100 million.

As such, the Defendant deceivings the victim, and 6650,000 won as the borrowed money on September 11, 2013 from the victim.

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