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(영문) 광주지방법원 2015.07.24 2015고단1466
사기
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

Although the Defendant did not have a certain occupation and is not capable of normally paying the lease price even if he borrowed a foreign passenger car through the lease contract due to the absence of property, the Defendant conspired with the name-free lender by pretending that he could normally pay the lease price with a certain income, and by disposing of it.

On July 30, 2014, the Defendant submitted a career certificate and a receipt for tax withholding for wage and salary income, which was forged, in order to pretend that the Defendant was working for a company B located in Daejeon-gu, Jung-gu, Seoul, the Jung-gu Seoul Special Metropolitan City 100,000 won (vehicle price of KRW 61.2 million, registration fee of KRW 3.8 million) and submitted a career certificate and a receipt for tax withholding for wage and salary income paid by the Defendant to pretend that the Defendant was working for the company B located in Daejeon-gu, Daejeon-gu, the Defendant paid the lease amount of KRW 1.33 million per month for four years, and the remaining value of the vehicle will be paid KRW 29 million every month at maturity.” The Defendant acquired the victim’s employee’s name failure to use the said vehicle by obtaining permission from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes stated in the petition filed by C;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The scope of the sentencing guidelines for sentencing [the scope of the sentencing guidelines] the basic area [the scope of the sentencing guidelines] of the category 1 (less than KRW 100,00) (the determination of the recommended area] (the scope of the recommendation area] from 6 months to 1 year and 6 months;

2. Whether or not to add the suspension of execution - The reasons for major reference : negative unagreement - The reasons for general reference - The reasons for general reference - recovery from partial damage that has no criminal records of positive suspension of execution or more;

3. Eight months of imprisonment with prison labor for a sentence;

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