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(영문) 인천지방법원 2015.11.26 2015고단3804
사기
Text

Defendants shall be punished by imprisonment for four months.

However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a restaurant employee, and Defendant B is a real estate seller, and Defendant B paid the price to Defendant A around October 26, 2012, and Defendant B established A, a Puercom Co., Ltd. by lending Defendant A’s name.

On or around September 13, 2013, the Defendants conspired to borrow money from the vehicle under the name of the said company as a collateral after being leased the vehicle, and Defendant B confirmed the above vehicle lease agreement with the representative director or the above vehicle lease agreement in front of the “I restaurant” located in Seongbuk-gu Seoul around September 13, 2013 and the victim’s width and the PASAT vehicle (G) in the name of the E company around September 13, 2013 to September 13, 2016.

However, in fact, the Defendants did not have any intent or ability to pay rent to the victims, such as the terms and conditions of the contract, because the Defendants, as seen above, borrowed money from the vehicle as security after the vehicle was leased and the vehicle was thought to distribute the vehicle on the vehicle.

The Defendants deceptioned the victims as such, and received from the victims the delivery of PASAT vehicles worth KRW 41,132,340,000 at the market price.

Summary of Evidence

[Defendant A]

1. The defendant A's legal statement (as of the date of the first and third trial), and part of the defendant B's legal statement

1. Legal statement of the witness J;

1. Investigation report (to hear statements from a lessee);

1. The lease contract and the register of automobiles (Defendant B);

1. Defendant B’s partial statement

1. Each legal statement of a witness A and J;

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. Investigation report (to hear statements from a lessee);

1. Application of the lease contract or the register of automobiles statutes;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;

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