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(영문) 광주지방법원 2015.08.26 2015고단1706

사기

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 31, 2013, the Defendant concluded a lease contract with 62 million won at a car sales agency of the trade name “C” located in Gangnam-gu Seoul, Seoul, to 1stife the victim Hyundai Capital Co., Ltd., the Defendant stated that “if the rent is overdue, the Defendant would pay 1,295,200 won per month rent for 60 months, and return the said car to the victim.” The Defendant had the victim pay 60 million won at the vehicle price.

However, in fact, from August 2013, the Defendant had no intention or ability to pay rent as agreed upon by the victim since he leased the said car to the bond company after making soup due to the business failure.

As a result, the defendant deceivings a person in charge of the victim's non-name, thereby acquiring financial benefits equivalent to KRW 60 million.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made to D by the police;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. The scope of the sentencing guidelines for sentencing [the determination of types of recommendations] [the general fraud [the amount less than 100 million won] - The reduction element is not punishable - In the case where the method of punishment for aggravated factors is very poor [the scope of recommendations] basic area [the scope of recommendations] 6 months to 1 year and 6 months [the general person who is a person in general form] - In the case where most of the proceeds of crime for mitigated factors are not consumed and held without being consumed, it is so serious reflect;

2. Whether the suspension of execution is added - Major reasons for the suspension of execution - Where negative criminal acts are very poor - Major reasons for the suspension of execution - the positive amount of punishment.