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(영문) 서울중앙지방법원 2013.03.27 2012고정6593
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant and C are jointly operated with D, and the defendant is the representative of D, and C is the chairperson of D.

1. On February 5, 2010, the Defendant: (a) by deceiving a siren company in order to use it as a collateral for the obligation to pay back a loan to E; (b) the Defendant conspireded to lease a vehicle; and (c) on February 5, 2010, the Defendant acquired one of the HG vehicles owned by the victim from the victim on the street in front of Samsungdong Samsungdong-dong, Gangnam-gu, Seoul, for the false statement that “I need to move to another vehicle, and HG vehicles, XG vehicles are changed to siren.” The Defendant acquired one of the HG vehicles owned by the victim on that spot.

2. Around September 13, 2010, the Defendant embezzled a set of 10 million won LM5 car owned by the said victim from K, who is an employee in charge of the business of the victim J, in his/her own name, in front of the J, Sungnam-si I art hall in Sungnam-si, Sungnam-si, and C operated it.

The Defendant and C conspired with the said vehicle while keeping the said vehicle as above, and C embezzled it by borrowing five million won from E, a bond manager, in front of the office of the Gangnam-gu Seoul M&A on September 16, 2010, in front of the office of the Gangnam-gu M&A, and arbitrarily delivering the said vehicle to E as security.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Statement of each police statement to G and K;

1. Application of the Acts and subordinate statutes of rental car contract;

1. Relevant Article 347(1) and Article 30 of the Criminal Act, Articles 355(1) and 30 of the Criminal Act, the choice of fines for crimes, and the choice of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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