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(영문) 수원지방법원 2017.07.06 2015고단5651
사기등
Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Records of Crimes】 On December 5, 2014, the Defendant was sentenced to a suspended sentence of two years for embezzlement at the Seosan Branch of the Daejeon District Court on August 5, 2014, and the said judgment became final and conclusive on December 13, 2014.

【Criminal facts】 2015 Highest 6213】

1. The Defendant voluntarily admitted that, around August 6, 2014, the Defendant entered into a contract in the name of G Office in the name of the Defendant, a company operating the Gyeyang-gu F and the second floor of Incheon Gyeyang-gu, and that the Defendant entered into a contract in the name of G Co., Ltd., the company’s name. As such, the facts charged

A lease agreement was concluded between H and I-A6 vehicle in charge of the victim P and I-A6 vehicle for 1,749,970 won and 48 months for the lease period.

However, the Defendant and G Defendant Co., Ltd. agreed that the foregoing leased vehicle will be used by N and the N will also be paid.

Since the defendant does not dispute the fact that not only the defendant but also the defendant did not have an intent to pay the rent properly, he does not interfere with the defendant's right of defense, so the facts charged shall be revised accordingly.

Since there was no property at the time, the said vehicle was not used for business purposes, but was transferred to another person as security, and the said vehicle was thought to prepare money with the loan, there was no intention or ability to maintain the lease contract normally even if the said vehicle was delivered from the injured party, and to pay the monthly rent.

The Defendant received from H the employee in charge of the victim company the above vehicle amounting to KRW 73,270,450 at the market price at the same place.

Accordingly, the defendant was given property by deceiving the victim.

"2016 Highest 1595"

2. On September 17, 2013, the Defendant: (a) at the “K” restaurant located in the Nam-guJ of Nam-gu, Nam-gu, Chungcheongnam-gu; and (b) at the victim L, there is no money for the head of the Gu.

20 million won.

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