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(영문) 부산지방법원 동부지원 2017.06.21 2017고단706
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2017, the Defendant was sentenced to a suspended sentence of one year for fraud at the Busan District Court, which was sentenced to a suspended sentence of two years, and the judgment was finalized on April 21, 2017. On December 5, 2016, the Defendant concluded a contract for the use of the victim W and X-benz automobiles, and concluded a contract for the use of the victim W and X-benz automobiles, and said contract was false as if the Defendant had the authority to conclude the contract for the use of the said automobiles.

However, in fact, the above car was delivered by the Defendant to the Y and its Z on November 19, 2016, stating that the Defendant was the owner of the lease contract, and that he would find a person to succeed to the lease until January 19, 2017, and the Defendant did not have any authority to enter into a contract for the said car.

On December 5, 2016, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the SC Japanese bank account in the name of the Defendant from the victim, and acquired 30 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to the W or Z;

1. Each statement in the A and AB preparation;

1. A vehicle use contract, investigation report (to the Z telephone conversations of a witness), investigation report (to be attached with a certificate of results of transfer), investigation report (to the H and AC), and a copy of each written report;

1. A previous conviction: A criminal history inquiry, investigation report (report on the result of confirmation of a previous conviction before disposition), case search [the defendant] alleged to the effect that the defendant did not have any intention to deception or deception without deceiving the victim at the time," which is acknowledged by the evidence duly adopted and investigated by the court, and the defendant received deposit money of KRW 30 million from W at the time and allowed him to use the instant vehicle (the above contract seems to have the nature of the automobile lease contract).

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