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(영문) 서울남부지방법원 2014.11.25 2014고단3221
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 23, 2013, the Defendant used Franc vehicles owned by the Korea Social Services Korea Co., Ltd., Ltd. in the name of ‘E' in the name of ‘E' at the cafeteria of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul, by leasing the Franc vehicles under the name of ‘E', and is urged to change the name of the lease obligation from E.

The lease fee to be paid every month shall be paid in good faith when the person lends his/her name only for three months and succeeds to his/her obligation.

Even if only the rental deposit of the main apartment, which is currently living in the inside, there is no problem in paying the rental fee because it is a state that the rental deposit of the main apartment is improved by the number of billion won.

"Finally, it made false statements."

However, in fact, the Defendant did not have any specific property at the time, and the amount of the deposit for the apartment house living together was merely KRW 10 million,00,000,000,000, and since around 2012, there was a debt amounting to KRW 340,000,000, the amount of wage income alone could not be paid properly because of the fact that the Defendant was under the individual rehabilitation procedure from around 2012, and thus, there was no intention or ability to subrogate the Defendant’s obligation even if he did not have succeeded to the Defendant’s obligation.

Nevertheless, on July 25, 2013, the Defendant: (a) by deceiving the victim and having the victim take over KRW 175,147,852 of the existing lease obligation to the said re-employed vehicle with the social service Korea Co., Ltd. around July 25, 2013, the Defendant acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as an application for financial lease and a certificate of succession;

1. Relevant Article 347 of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts are the reasons for sentencing.

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