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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On March 10, 2013, the Defendant decided to export and divide profits from the Internet loan search at the “D” coffee shop located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and then, decided to export and divide profits from the Internet loan search. On March 21, 2013, at the real estate brokerage office where the trade name near Sungnam-si is unknown, the Defendant paid 50,000 won the down payment received from the above person under his/her name from the above real estate brokerage office with the real estate intermediary office where the trade name near Sungnam-si is unknown, and made a business registration with the name of “F” from the Sungnam-gu, which was already made on March 21, 2013.
Then, the Defendant concluded a contract for vehicle installation lease (lease) with the victim through H on March 2013, 201, and the Defendant did not have the intent or ability to pay the agreed lease price even if he leases a motor vehicle from the victim, and the delivery of a motor vehicle was to immediately export the vehicle. However, the Defendant concluded a contract for vehicle installation lease (lease) with the victim on the same day, and received delivery of KRW 49,70,000 at the bus stops and at the end of 24,550,00 per month, if he leases two vehicles to run the enterprise of domestic F (F). In addition, the Defendant concluded a contract for vehicle installation lease (lease) with the victim on the same day, and received delivery of KRW 49,100,000 per month.
Accordingly, the defendant acquired the property of the victim in collusion with the above-mentioned person.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police concerning L;
1. Application of the statutes governing an application for lease;
1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;
1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the defendant's fraud of this case.