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(영문) 서울중앙지방법원 2013.09.05 2013고단1219
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 2005, the Defendant: “Around August 2005, the Defendant was committed as if the Defendant directly leased a vehicle to the Victim F and paid the leasing fee on the part of the Victim F, stating that “I would not have good credit standing, and would not pay the leasing fee in the name of the Victim. I would like to pay the leasing fee in the name of the Victim.”

However, in fact, from 2001 to 1 billion won, the Defendant had no intention or ability to pay rent, and even if the leased vehicle was to use G, it was found or known that G was concealed by the victim, and that G did not have the intent and ability to pay rent.

On August 11, 2005, the Defendant, by deceiving the victim as above, had the victim enter into a lease agreement (vehicle price: KRW 91 million, KRW 36 months: monthly rent: KRW 3,067,00) with respect to vehicles J 3.5 (H) in the name of the victim. From June 2006 to April 2008, the Defendant did not pay the lease fee in addition to paying the lease fee of KRW 14 times during the period from June 2006 to April 15, 2008, thereby having the victim pay the remaining lease fee of approximately KRW 67,474,000 on up to 22 minutes of the lease fee, and acquired the same amount of pecuniary benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to motor vehicle lease contracts, motor vehicle registration certificates, details of deposit money by erroneous soil lease, and transaction details of passbook;

1. The fact that the Defendant appears to have requested the victim to lease of a motor vehicle with the intention of G as soon as he/she had not confirmed whether to lease a motor vehicle or not to judge the issue of Article 347 (1) of the Criminal Code of the relevant criminal facts of crime, and that G leases a motor vehicle without properly notifying the victim of the fact that the Defendant was driving the motor vehicle as if he/she leases a motor vehicle, and the lease of a motor vehicle.

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