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(영문) 광주지방법원 순천지원 2017.05.11 2017고정28

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, in collusion with an influent person of the name that “on the face of a long-term lease of a motor vehicle, he would sell the motor vehicle to lend it,” had no intention to rent the motor vehicle for a long time, and had the motor vehicle delivered through a contract for the lease of a motor vehicle and intended to sell it to

As a result, the above person under whose name the victim's name was in contact with the victim's KT T Tren T-C branch, stating that he/she would rent his/her vehicle to D, who is an employee of the victim's family council, and informing the defendant of his/her contact information. On May 21, 2014, the defendant entered into a car lease contract with the above D as if he/she wishes to rent the vehicle normally at the trade name in the Geum-dong, Seo-gu, Seo-gu, Gwangju as if he/she had an intention to rent the vehicle normally, and issued it to the above D, and around the 27th of the same month, he/she transferred the vehicle lease contract with the above D at the time of the lease period of 48 months, monthly rent of 75,000 won.

Accordingly, the defendant acquired the vehicle of the victim in collusion with a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. A motor vehicle lease contract;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order, even though the accused was involved in the instant crime because he/she was from a person in the name of his/her poor, and he/she did not have any personal profit, his/her responsibility is not exceptionally applied

However, the Defendant received a proposal to borrow a loan from the same person under the same name as the instant case before the date of the instant crime, and was subject to a fine of KRW 3 million from this Court.