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(영문) 전주지방법원 2016.08.25 2016고단531
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 October 31, 2014, the Defendant entered into a lease agreement with the Defendant to pay KRW 1,145,90,00 for each month rental fee at KRW 47,770,00 in the name of the Defendant’s limited company C, which is an employee of the victim Hyundai Capital Co., Ltd., and KRW 477,770,00 in the name of the limited company C operated by the Defendant.

However, while the Defendant did not have any fixed income, the Defendant paid the amount of KRW 20 million on the monthly interest to financial institutions and individuals, and even if he rents a vehicle, he did not have the intent or ability to pay the lease fee, and was planned to repay the debt with the money received after transferring the vehicle to a third party.

The defendant deceivings the employees of the victim company as above and acquired the vehicle from the victim via E at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement of the police statement related to F, E, and G;

1. An abstract of H;

1. Application for the lease of a motor vehicle, guidance for the termination of a lease contract, details of deposits, I's original register of motor vehicle registration, inquiry into the history of counseling about capital, and application of the Acts and subordinate statutes on the lease of a modern car;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area [the scope of the recommended punishment] from June to June of one year and six months for the basic area (the amount of less than KRW 100,000) of types 1 to the general fraud; and

2. The defendant who rendered a sentence of sentence is against the will of another person seriously.

The defendant has no record of other crime except for punishment of a fine of two million won for gambling.

Although the defendant tried to request the cancellation of the contract after the conclusion of the lease contract, he did not cancel the contract due to a penalty.

b) the Commission;

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