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(영문) 서울북부지방법원 2017.02.16 2015고정2160
사기
Text

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

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

Reasons

Punishment of the crime

On November 16, 2012, the Defendant stated to the effect that “I would normally pay 3,792,548 won per month lease when I leased one vehicle of Fenz S600 to the staff in charge of Hyundai Capital Co., Ltd.” at the E office located in Suwon-si, Suwon-si.

However, in fact, even if the above car was delivered by the defendant, the defendant did not have the intention to normally operate the car, and there was no particular occupation and certain income, and there was a debt of KRW 500 million, and there was no intention or ability to normally pay the lease fee even if the defendant leases the vehicle from the victim company.

Around November 20, 2012, the Defendant: (a) by deceiving the victim as above; (b) obtained from the victim, a new car in the Dong-dong, Seo-gu, Seo-gu, Seo-gu, Gwangju from the victim; and (c) obtained the certificate of benz S600, the market price of which is equivalent to KRW 80 million from the representative of the Jung-gu, Seo-gu.

Summary of Evidence

1. Partial statement of witness E;

1. A protocol of examination of the suspect against each part of the defendant by the prosecution (including the whole part of the interrogation);

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to motor vehicle takeover certificates, etc.);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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