A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 12, 2013, the Defendant stated that, at the E office operated by the victim D in Seongdong-gu Seoul Metropolitan Government, “A motor vehicle lease contract cannot be concluded with the victim since it is not good credit to lease a marina car. The delivery of the vehicle and the lease fee for the vehicle are to be borne by the Plaintiff, E, E, a corporation, to enter into a marina car lease agreement.”

However, at the time, the defendant had no intention or ability to pay rent equivalent to KRW 0,000,00 as he did not have any particular property or income and has no credit status.

(In the facts of prosecution, the part that “the defendant had the victim enter into a contract for the succession of the Marth 1, 200, and received the money from a third party as collateral, even if he borrowed money from the third party as collateral,” is not stated in the facts constituting a crime, since there is no proof. Nevertheless, the defendant, by deceiving the victim as above, had the victim enter into a contract for the succession of the Motor Vehicle Lease in the name of the E Co., Ltd., with respect to the Han Capital Co., Ltd. and the Fmati Car, which constitutes the lease amount of 78,619,085, thereby having the victim enter into a contract for the succession of the Motor Vehicle Lease.”

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning automobile lease succession agreement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The following circumstances acknowledged by each evidence on the grounds of conviction and sentencing under Article 62(1) of the Criminal Act, namely, ① the Defendant used a vehicle in the name of the Prosecution E by entering into a contract for vehicle lease succession in the name of the Prosecution E, and used it thereafter for three months.