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(영문) 수원지방법원 여주지원 2014.03.21 2013고단1025

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

The defendant received a request from the victim to find a person who succeeds to the lease contract on behalf of the victim as a person who has performed as a broker in concluding the lease contract with the condition that the victim shall pay 3,041,345 won every 44 months a vehicle Ehyd A8 E in the name of the victim of the merger in the Dispute Resolution Co., Ltd. for 44 months, and is difficult to pay the lease fee from the victim.

On September 9, 2012, the Defendant found that he succeeded to the lease contract from the victim G's staff member G in the office of the Innman-gun of the Sinju-gun of the Sinju-gun of the Seoul Special Self-Governing Province. The Defendant made a false statement to the effect that the victim's employee G will succeed to the lease contract.

However, the defendant did not find any person to succeed to the lease contract on behalf of the victim at the time, and the defendant did not have any intention or ability to find any person to succeed to the lease contract of the victim, such as borrowing 34 million won from the bonds company at the end of September 2012 at the end of the year to the bonds company at the end of September 2012 and providing it as security, and using the sales price arbitrarily.

Nevertheless, the defendant was issued a business registration certificate in the name of the victim and a corporate seal imprint when he succeeds to the above Aridi A8 vehicle and lease contract at the same place on the same day.

Ultimately, the Defendant, as seen above, made a false statement to the employee of the victim, and received the above A8 vehicle from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. H statement among the suspect interrogation protocol of the defendant against the defendant;

1. The police statement of H;

1. Details of passbook transactions (the Nonghyup Bank Account in the name of D) ;

1. Application of Acts and subordinate statutes to detailed statement of lease fee claim;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The fact that Article 62 (1) of the Criminal Code of the Suspension of Execution has been smoothly agreed with the victim and his mistake is divided.