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(영문) 서울중앙지방법원 2014.12.29 2014고단6886
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 9, 2013, the Defendant: (a) around November 9, 2013, the Defendant: (b) “AF 202, in Seocho-gu Seoul, refers to “AW car will be operated and leased”; and (c) performed procedures necessary for the operation lease agreement, and performed as if the lease cost would be paid normally.

However, in fact, the defendant and his company did not have certain profits or sales, and they could not obtain normal lease approval due to low credit rating, and even if the car was leased, they did not have the intent or ability to pay the lease fee.

As such, the Defendant deceptioned H, the representative of the victim company, and acquired the above car from the above H, which is equivalent to 52 million won, at the market price of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. The prosecutor's statement concerning H;

1. Application of statutes on a motor vehicle sales contract;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of a fine for punishment (the previous conviction due to the same type of crime was committed twice, and the case was committed during the period of the repeated crime, taking into account the fact that the instant crime is led to the confession and the victim does not want the punishment by fully repaying the amount of damage);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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