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(영문) 대전지방법원 2016.05.11 2016고단345

사기

Text

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.

Reasons

Punishment of the crime

On October 24, 2014, the Defendant entered into a car lease agreement with the Busan East-gu World Motor Vehicle D, which is located in Daejeon Dong-gu, Daejeon, with the victim E Co., Ltd. (the representative director F) for the vehicle G, and “613,600 won per month during the 36-month period from October 24, 2017 on the site of the vehicle,” and selected during the return, re-lease, and purchase of the vehicle at the expiration of the lease period.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant had a debt equivalent to KRW 7 million at the time, but did not have sufficient means to pay the above rent, and was willing to receive KRW 10 million in return for the transfer of the above vehicle to the needy, and thus, there was no intention or ability to perform the said contract even if the said vehicle was delivered.

As such, the Defendant, by deceiving the victim, received the above vehicle amounting to KRW 35,580,00 from the injured party and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes, such as a complaint, an application for lease of E motor vehicles, a certificate of seal imprint, a certificate of the fact and status of a sales contract, and a

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) 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 Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (no person who is subject to special sentencing];

2. In light of the favorable circumstances, such as the fact that the damage has not yet been recovered until the decision of sentence was rendered, the fact that the defendant recognized and seriously reflects the crime, the fact that the defendant has no record of punishment other than one time prior to a fine, some of the circumstances may be considered, and the fact that the defendant has a mother to look at, shall be considered, taking into account the following factors into account: the defendant’s age, sexual behavior, environment, etc., and all of the sentencing conditions specified in the arguments of this case.