사기
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
When the defendant and his name-free person entered into a lease contract in the name of the defendant and received a vehicle, they transferred the vehicle to the name-free person and received money in return for the transfer of the vehicle to the name-free person.
On September 12, 2013, the Defendant made a false statement by preparing an application for a facility lease (lease) with the purport that "if a vehicle is to be delivered by entering into a lease contract for B QM5 vehicle equivalent to KRW 34,860,000 for 60 months, the Defendant would pay rent for 773,100 for 60 months if he/she received a vehicle from the victim's infinite employee through his/her nameless business employees."
However, in fact, even if the car is delivered by concluding a lease contract with the victim, it is planned to put the car to the name-free person, and there is no intention or ability to pay the lease fee.
The Defendant entered into a lease agreement with the victim, and received B QM5 automobiles worth KRW 34,860,000 around September 12, 2013.
Accordingly, the defendant was given property by deceiving the victim in collusion with his name-free person.
Summary of Evidence
1. Statement by the defendant in court;
1. Complaint;
1. C’s statement;
1. An application for lease of motor vehicle facilities, terms and conditions of the contract, the order of the motor vehicle, the list of redemption lines, and the details of deposit;
1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;
1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] In general fraud, there is no basic area (from June to one year and six months) (the person subject to special sentencing) [the sentence] [the decision of sentence] the defendant stated that the amount of profit he/she acquired is KRW 50,000,000,000,000 as a crime with the same content as the same day, and the summary order of KRW 5 million has been notified, and the damage has not been recovered until now.