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(영문) 청주지방법원 2016.05.17 2016고정114
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Upon receipt of the request of C with no good credit, the Defendant entered into a car lease contract with a non-us capital company with the victim in the name of the defendant on behalf of C, and transferred the vehicle from the victim company to C, and C used the vehicle to pay the vehicle rent to the victim company while driving the vehicle.

On October 17, 2013, the Defendant entered into a contract to lease a vehicle D A5 vehicle with the victim company at the Gojindong-gu Seoul Special Metropolitan City Office, which is a private partner of the victim company in Gojindong-gu, Seocho-gu, and issued all the documents necessary for the automobile lease contract, such as automobile leasing contract (lease), work confirmation document, etc., to the effect that the defendant would operate the vehicle and pay the lease fee to the victim company.

However, at the time of fact, the defendant thought that he would pay the above vehicle rent to C while operating the above vehicle, and even if he leases the above vehicle in the name of the defendant from the victim company, the defendant did not have the intention or ability to pay the rent.

Nevertheless, the Defendant conspired with C to induce the victim company and received the above vehicle from the victim company at the market price of KRW 66,510,000.

2. The evidence presented by the Prosecutor alone is sufficient to prove that the Defendant’s deception and intent to deception had no reasonable doubt in light of the following circumstances.

It is difficult to see it.

(1) The Defendant was married with her child.

C It seems that the vehicle lease contract was concluded in the name of the defendant in the name of the defendant in the name of the vehicle lease because it is not good credit. It is believed that the vehicle lease contract was concluded in the name of the defendant in the name of the defendant upon the request of C to "I will use only three months when the domestic rent is paid, I will use it for the future of the male-gu."

(2) The highly advanced saves in which No. 1 is in a non-us-save and duty cooperation relationship.

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