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(영문) 청주지방법원 2020.04.01 2019고단2455
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2018, the Defendant entered into a B long-term rental car agreement with the Victim B Co., Ltd. on the terms of paying KRW 1,029,160 for each month usage fee, which is owned by the Victim B Co., Ltd.

However, even if the above long-term rental car agreement was concluded, the defendant did not intend to return the vehicle to the victim company if he did not pay the monthly user fee or pay the user fee, and the defendant was planning to provide the vehicle as security or to dispose of it as security to others.

Nevertheless, the defendant deceivings the victim company as above and acquired the above vehicle from the victim with the delivery of the above vehicle amounting to KRW 51.4 million at the market price around June 11, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D and E;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes of the Loan Director, the detailed statement of profits, the register of automobiles, the comprehensive balance, and the B long-term siren car agreement;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the range of recommendations] shall be the basic area of less than KRW 100 million [the scope of recommendations and recommendations], six months through one year and six months; and

3. Determination of sentence: Imprisonment with prison labor for eight months and two-year circumstances disadvantageous to a suspended sentence: Circumstances that are favorable to the failure to recover damage: The defendant seems not to have actually acquired any profit equivalent to the amount of damage, and the fact that the defendant has no record of the same kind of power or the suspension of execution or more, shall be determined as per the disposition, comprehensively taking into account the defendant's age, character and behavior, environment, motive for the crime, means

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