Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant and the bearers, when the Defendant registered as the representative director in a corporation with no substance, and leases an automobile under the name of the said corporation, and then deliver the automobile to the bearers, the Nonindicteds in Name were willing to pay a specified amount to the Defendant.
Around September 2, 2014, the Defendant and the under-paid winners entered into a contract for operating lease of a Dr. D. D. car owned by the victim between CFFF and the social service Korea Co., Ltd. registered as the representative director, and the Defendant made a false statement to the effect that “if the lease contract is terminated due to reasons such as the long-term delay of the lease fee, etc., the Defendant will return the car to the victim company and pay the agreed damages.”
However, in fact, the CF did not have any substance, and the Defendant was planned to receive KRW 10 million from the victim company and deliver the said vehicle to the victims of the failure in name, and even if the said vehicle is delivered from the victim company, there was no intention or ability to pay rent or return the said vehicle even if the lease contract is terminated.
The Defendant received from the victim company the above car at around that time at the store in Gangnam-gu Seoul Cheonggudong, Gangnam-gu, Seoul, 92-9, the market price of the victim company at KRW 71 million, which is owned by the victim company.
Accordingly, the defendant was given property by deceiving the victim company in collusion with the false statement of name.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to an application for further management lease, a written request for deposit, a business registration certificate, and a certificate of pre-registration;
1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.