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(영문) 서울남부지방법원 2017.02.02 2016고정2564

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Upon receipt of a proposal from the name non-merchants (one-person referred to as "C") who was introduced as a borrower through B, that the Defendant would conclude a vehicle lease contract and receive a vehicle as security, and agreed to do so, the Defendant committed the following crimes in collusion with the above.

Around January 28, 2015, the Defendant found the victim E office located in Ansan-si, Seoul, with the above name non-merchants, and the Defendant did not have worked in the F field management department and did not intend or have an ability to normally pay the lease fee. The Defendant presented a forged employment certificate and a receipt of source collection of wage and salary income as if he was receiving wage and salary income in the above company and would normally pay the lease fee.

In a false manner, it entered into a lease agreement with the victim's employees on one vehicle of BMW 3.0d ( Food in 2015) and took over the above vehicle of the amount of KRW 85,200,000 at the market price in accordance with the said agreement.

Accordingly, the defendant, in collusion with the above person's name in order to acquire the above vehicle from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the written complaint and the statement of G;

1. Application of Acts and subordinate statutes, such as an application for operating lease;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Punishment) of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;