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(영문) 부산지방법원 2017.11.20 2017고단1304
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 12, 2016, the Defendant concluded an automobile lease agreement with the above E to the effect that “D, a company selling a victim’s meri Dog Capital Co., Ltd. in Suwon-gu, Busan Metropolitan City, would lease a 59,460,480 won of the market price to F A6 U.S. F. F. F. F. F. F. F. F. F. F. F. F. F. 1,83,240 won every 48 months of a week.”

On the 16th day of the same month, the Defendant received the said car from the victim company through G, which is an employee of the place in the South Y market.

However, at the time, the defendant had no intention or ability to pay the rent normally even if he entered into a lease agreement on the said car and uses the said car as a bad credit, because it is difficult for the defendant to pay the maximum amount of the debt.

Accordingly, the defendant was informed of the above E, who is an employee of the victim company, and received property from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Some statements made to the Defendant in the prosecutorial suspect interrogation protocol (the following circumstances acknowledged by the above evidence, namely, the Defendant, by paying a vehicle delivery charge and preparing a vehicle acceptance certificate, etc., was normally taken over the instant vehicle from H around July 25, 2013, and concluded a contract to take over the instant vehicle with H to a certain extent, which was aware of the matters concerning the lease contract, such as the payment of lease fees and the succession to the lease, and did not pay lease fees on one occasion to the victim company, which is the lessee, without paying the lease fees, for eight months or longer, and failed to pay the lease fees for the instant vehicle at 20,000 meters for the instant vehicle to the victim company, which is the lessee company. On around July 25, 2015, the Defendant was unable to pay the lease fees for the instant vehicle from H.

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