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(영문) 의정부지방법원 2015.09.11 2015고단1974
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

While the Defendant was aware of a loan through the Internet, the Defendant proposed a "loan" from a person who is not the deceased, and leased a vehicle under the name of the Defendant along with a person who is not the deceased, and provided it as a collateral to a person who is the second and second secured loan business.

On April 8, 2013, the Defendant sent a certified copy of resident registration, a certificate of personal seal impression, and a copy of driver's license to the person under whose name the person under whose name the person under whose name the name the Defendant was named by mail, and, as if the Defendant would normally lease the vehicle to E, who is an employee of the victim Hyundai Capital Co., Ltd., and would normally use it, entered into an automobile lease agreement with the Defendant for the amount of KRW 5,50,000,000, the lease fee of which is 583,000, and the contract period of which is 48 months, and the Defendant was handed over from the above E on the front day of the Dongcheon City Building on the 10th day of the same month.

However, in fact, even if the defendant and the person in poor name purchased the vehicle through the above lease contract, the purpose was not to use the vehicle for the operation of the vehicle, and only to provide the vehicle as security and prepare cash to the middle and high-class loan service provider.

As a result, the Defendant, in collusion with a person who is not his name, by deceiving E, who is an employee of the victim Hyundai Capital Co., Ltd., and by deceiving it, received from the above E a delivery of the amount equivalent to KRW 25,250,000 of the market price owned by the victim Hyundai Capital Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Recording records;

1. Application of Acts and subordinate statutes to a motor vehicle sales contract, verification of status, application for motor vehicle lease, certificate of personal seal impression, driver's license

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The value of the damaged vehicle is not significant and the damage is recovered.

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