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(영문) 서울동부지방법원 2017.06.28 2016고단4389

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, even if he/she takes over a DNA leasing vehicle from the victim C, paid a sealed lease fee for the said vehicle and did not have the intent and ability to succeed to the name of the lease. However, on September 2, 2015, the Defendant, at the E office located in Yongsan-gu Seoul Metropolitan Government, stated that “If he/she delivers a DNA vehicle to her, he/she would pay a sealed lease fee and succeed to the lease” to the victim, he/she received the delivery of one motor vehicle from the victim to the police officer from around September 2016, and acquired the pecuniary benefit equivalent to the sum of the lease fee of KRW 29,750,000 in the market value for 12.5 months from around that time to around September 2016.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of the police statement protocol law to C

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense and Article 347(1) of the Criminal Act concerning the selection of punishment (the selection, confession and reflection of punishment);

On February 15, 2017, the victim and the victim expressed their intention not to be punished for the defendant.

For the recovery of damage, it is possible to pay in installments the amount of lease settlement.

There are no criminal history of the same kind of crime, and social ties seems to be relatively clear.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;