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(영문) 의정부지방법원 고양지원 2016.07.21 2016고단984

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 23, 2015, the Defendant would use the Mz E250 motor vehicle as lease to a staff member in charge of social service Korea Co., Ltd., Ltd., a person who suffered damage in Yongsan-gu Seoul, Yongsan-gu, Seoul.

From April 23, 2015 to April 25, 2020, the lease fee of KRW 1,342,710 is paid on the 25th of each month between April 23, 2015 and April 25, 2020.

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However, the defendant did not have the intention or ability to pay the above rent properly to the victim because he received the above vehicle from the victim as the lease and thought that he would dispose of it in another place.

The Defendant obtained a vehicle equivalent to KRW 72,900,000 from the injured party around the above time, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of a copy of an application for the lease of motor vehicle facilities and a copy of the agreement for the lease of motor vehicle facilities;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62(1) of the Criminal Act: (a) the motive and circumstance leading up to the instant crime; (b) the Defendant agreed to pay the victim KRW 12 million; and (c) the Defendant’s age, sex, environment, etc.