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(영문) 수원지방법원 성남지원 2016.04.21 2015고단3104

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 3, 2014, the Defendant entered into a lease agreement with the victim non-MW X6 automobiles, through C, to pay every 36 months lease fees of KRW 2,079,625 on a monthly basis at the victim non-MW X6 automobiles located in the Jung-gu Seoul Central District, Jung-gu Office of 12, Namsan C, and through C.

However, in fact, the Defendant did not have any intent or ability to pay rent when using the above vehicle in accordance with the lease contract even if the Defendant was scheduled to provide the above vehicle to the bond company as collateral and to lend the funds to the employees to pay the retirement allowance, etc.

Nevertheless, the defendant deceivings the victim as above, and was issued a BM X6 car with approximately KRW 60 million at the market price from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Statement made by the police for E;

1. A complaint, written contract confirmation, written application for financial lease, power of delegation, notarized documents related to personal rehabilitation, receipts, original register of motor vehicle registration, or written judgment;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The circumstances in which C had been punished by imprisonment with prison labor for two years and six months in Seoul Southern District Court Decision 2014 Ma456, 4695 (Joint) and 2015 Highest 170 (Joint) in the event of embezzlement against the Defendant, etc., which led to the negligence that C had been trying to borrow funds to pay the retirement allowances of workers, and that there was a weak criminal intent to commit fraud.

In addition, on January 8, 2014, the Court sentenced a fine of KRW 5 million on the same kind of case at the same time, which was sentenced to a fine of KRW 20,000,000,000 on the charge of fraud, which had tried to lend other vehicles to lend funds.

(b).