On September 18, 2015, the Defendant entered into a contract between Dongdaemun-gu Seoul, Dongdaemun-gu, 101 Dong 1602, and D, an employee of the victim sponsed Co., Ltd. from September 25, 2015 to September 25, 2019, to set up a rental fee of KRW 1,188,00 for monthly rent between 48 months and 48 months.

However, in fact, the defendant was thought that he would receive the payment of the vehicle after he transferred the above vehicle to a person who was not the name of the deceased, and there was no intention or ability to pay the rental fee normally.

Nevertheless, on September 25, 2015, the Defendant, in collusion with a name-free person, by deceiving the victim as above, and received two of the E and F vehicles equivalent to the total market price of KRW 46,220,00 from the victim of the damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of G and D;

1. Application of each statute stated in a copy of a vehicle lease agreement (No. 4), a vehicle operation permit, a bond transfer agreement, a power of attorney, a certificate of waiver of a vehicle, or a certificate of borrowing of a vehicle;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing choice of sentence [the scope of applicable sentences under the law] 10 years of imprisonment [the determination of types] / [the scope of recommended sentences] The basic area of general fraud among the fraudulent crime groups / [the scope of recommended sentences] / From June to June / [the general sentencing factors] mitigation factors: there is no record of criminal punishment [the determination of sentence] / The confession of a crime committed for six months by imprisonment with prison labor, and the absence of criminal records at all, etc. are favorable to the defendant.

However, even though the amount of fraud of this case is a total of KRW 4,622,00,000, most of damage, except for the portion paid in advance as security deposit, has not been recovered.

Therefore, the defendant is sentenced to imprisonment with prison labor, and the term of punishment is set within the range of sentence recommended according to the sentencing guidelines.