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(영문) 창원지방법원 마산지원 2015.11.11 2015고정504
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant had no intention to maintain a long-term lease contract with a person who is not aware of the name that he would make a loan, but had the intention to receive a vehicle through a long-term lease contract and sell it and lend money.

Around July 16, 2014, the Defendant entered into a long-term lease agreement on two motor vehicles of the victim company, which are owned by the victim company, between the employees in charge of the victim company (hereinafter “victim company”) and the employees in charge of the victim company (hereinafter “victim company”) and the employees in charge of the victim company (hereinafter “victim company”) on a long-term lease agreement on one-term lease of the motor vehicles of the victim company at the F Branch Office of the victim company in Changwon-si, Changwon-si, Seoul Special Metropolitan City. Around July 30, 2014, the Defendant entered into a long-term lease agreement on one motor vehicle of the victim company with the employees in charge of the victim company and the employees in charge of the victim company on a long-term lease of the motor vehicle. Around July 18, 2014, the person whose name is unknown was transferred at the F Branch Office of the victim company in Changwon-si, Seoul Special Metropolitan City, by taking over KRW 17190,00 won.

The Defendant, in collusion with a person who is unable to know the name as above, acquired three passenger cars owned by the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the interrogation protocol of the accused prepared by the police;

1. Statement of the J prepared by the police;

1. Investigation report (attaching text messages);

1. Application of Acts and subordinate statutes on motor vehicle lease contract;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and defense counsel in determining the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the defendant conspired with a person whose name is not known, and acquired three automobiles owned by the victim company.

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