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(영문) 광주지방법원 2014.06.03 2014고단1663
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 30, 2008, the Defendant was sentenced to four years of imprisonment with prison labor for robbery, injury, etc. at the Gwangju District Court on April 22, 2012.

As the Defendant did not have certain income while working on a daily basis, and was urged to pay the Defendant’s personal debts of KRW 23 million without any specific property, the Defendant entered into a lease agreement in the name of the Defendant in accordance with the proposal of the bearers who became aware of through the loan-related Internet website, and used the leased vehicle to raise money by disposing of the leased vehicle in accordance with the proposal.

On June 27, 2013, the Defendant concluded a lease agreement with N in charge of social service Korea Co., Ltd. and O BMW 520d car at a coffee shop where it is impossible to know the trade names in the 18:00 p.m. municipal ordinance-dong around 18:0 on June 27, 2013, and concluded a lease agreement on the victim's BM 520d car for 42 months.

However, in fact, even if a lease agreement is concluded and the said car is delivered, it was thought that money was disposed of to another through the above person without the intention or ability to pay a normal lease fee.

On July 4, 2013, the Defendant received from the victim a car of KRW 66,659,630 equivalent to the market price owned by the victim in front of the Netcheon District Court's Macheon District Court's MaW 520d, which is located in the Macheon-si Ordinance-dong around 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of the preparation of the PP;

1. Each statement in an application for a security deposit-type operating lease/agreement, and an automobile registration certificate (O);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes of criminal records, reference reports (A), investigation reports (retaliatory of repeated crimes and reporting of confirmation), and the number of individuals and the current status of confinement;

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

1. The scope of recommendation for sentencing Article 35 of the Criminal Act among repeated offenders and the basic area of types 1 (less than KRW 100 million): Imprisonment with prison labor for not less than 6 months nor more than 1 year and 6 months.

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