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(영문) 울산지방법원 2013.09.26 2013고단2559
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 March 19, 2012, the Defendant entered into a contract for the lease of the ENAS No. 1 (C. 52 million won at the market price) operated by the victim C in Gangdong-gu Seoul Metropolitan Government on March 19, 2012, stating that “The Defendant is taking over the NAS Nos. 333, 400 won and monthly rent of KRW 5 million (C. 52 million at the market price) with the victim, who is the lessee, at the time of delivery of the vehicle. If the transferee of the vehicle does not pay the lease fee, while grasping the location of the vehicle, the Defendant is responsible for the vehicle.”

However, even if the defendant delivered the above NAS vehicle from the victim, he was thought to dispose of it to another person by the 's 's 's 's 's 's 's 's 's 's 's 's '

As above, the Defendant, by deceiving the victim as above, obtained the above NAS car from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A copy of an automobile registration certificate (E);

1. Certification personnel of the automobile lease agreement;

1. Application of Acts and subordinate statutes to each investigation report and documents attached thereto (Evidence Nos. 19 through 26);

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1248, Apr. 1, 2008) (see, 2008Da1248, Jan. 2, 2008)

1. The criminal facts on the grounds of sentencing under Article 62-2 of the Criminal Code of the Social Service Order are classified as general fraud type 1 in the sentencing guidelines.

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