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(영문) 부산지방법원 2015.08.27 2015고단2628

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2014, the Defendant and D purchased G UD A6 car in Suwon-gu, Busan, and concluded a lease agreement with the victim Hyundai Capital Co., Ltd. in the name of the Defendant, and committed as if the Defendant were to pay the lease fee of KRW 1,617,200 per month for 36 months from February 27, 2014 to February 27, 2017.

However, in fact, the defendant and D have no intention or ability to pay the rent normally only for three months, when they immediately sold the car.

The Defendant and D conspired to induce the victim as above, and thereby, received a passenger car of KRW 58,300,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of relevant Acts and subordinate statutes, such as an application for lease of a modern capital, a motor vehicle sales contract, examination slip, etc., and a business registration certificate;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no force to commit the same kind of crime and the degree of participation in the crime in this case);

1. Social service order under Article 62-2 of the Criminal Act;