Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal power] On October 17, 2014, the Defendant was sentenced to four months of imprisonment for embezzlement at the Seoul Western District Court, eight months of imprisonment for fraud, and three years of suspended execution of each of the above punishment, and the judgment became final and conclusive on April 29, 2015.
【Criminal Facts】
On October 2013, the Defendant demanded the victim DB, who became aware of each other as a matter of the past hotel lease at a place where the location is unknown, to conclude a car lease agreement in the name of the victim, stating, “If a passenger car is to be contracted in the name of Nim, and a passenger car is to be leased in the name of Nim, he/she shall bear all the inside and return all the deposit prior to tugboat as if he/she entered into an installment contract.”
However, the defendant had no intention or ability to pay rent on behalf of the victim even if the defendant had the victim make a car lease contract in his name.
Nevertheless, on October 23, 2013, the Defendant: (a) purchased DW 740i car from a used vehicle sales company located in Seocho-gu Seoul Metropolitan Government, and (b) made the victim enter into a lease contract of an amount equivalent to 36 million won from Hyundai Capital Capital; (c) received the said car from the victim, but (d) did not pay rent from April 23, 2015, and (d) caused the victim to pay the lease fee of an amount equivalent to 17,004,09 won during the said period on 19 occasions by allowing the victim to pay the lease fee of the said period on 19 occasions.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of DB;
1. A copy of a motor vehicle registration certificate, a detailed statement of transactions in the second and second installment, and an investigation report (Attachment to a detailed statement of accounts of a
1. Previous records of judgment: Application of criminal records, written judgments (2013 high-end 1836, etc.);
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;