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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 December 23, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud, etc. at the District Court, which became final and conclusive on July 5, 2017.
The defendant is a person who actually operates D Co., Ltd., a real estate developer with C. 909 at both weeks.
Victim E is a person who held office as a representative director in the name of Corporation D from January 8, 2015.
On January 1, 2015, the Defendant needs to obtain a certificate of personal seal from the victim E in the office of the D Co., Ltd. operated by the Defendant, which is located in the Seoul Building 909, in the middle of the two weeks.
There is no damage on theme to deal with various public charges, such as insurance premiums, under lease and insurance premiums.
Drown, Mara.
“A false representation was made.”
However, even if the Defendant entered into a lease contract with the victim as a joint guarantor, the Defendant did not have any intention or ability to pay KRW 1,648,000 for a monthly lease even if he/she entered into a lease contract with the victim as a joint guarantor because he/she had no income at all, and KRW 10,05,00 for a lease contract had to be lent from another person.
Around January 23, 2015, the Defendant, by deceiving the victim of the failure as above, had the victim enter into a lease contract with the FSpo motor vehicle as its principal debt holder, the victim joint guarantor at the D office of the D Co., Ltd., and around February 5, 2015, the Defendant acquired the pecuniary benefits of having the victim jointly and severally and severally guarantee the obligation to pay the user fee under the lease contract amounting to KRW 79,104,00 in total by having D Co., Ltd. as its principal debt holder and the victim joint guarantor enter into a lease contract with the D office of the D Co., Ltd. as a joint guarantor.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A certificate of all registered matters;
1. Each motor vehicle registration certificate;
1. Details of each payment order, each claim for lease fees, and payment thereof;
1. Previouss before ruling: A reply to inquiries, such as criminal history;