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(영문) 창원지방법원 통영지원 2016.12.21 2016고단1159
사기
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had no intention or ability to maintain the long-term lease contract with the person who was named in the name of the defendant, and was thought to sell the vehicle through the long-term lease contract and lend money.

On December 1, 2014, the person in poor name entered into a long-term lease agreement between the victim and his/her husband who called "to rent and operate a siren in the name of his/her husband." On December 10, 2014, the defendant entered into a long-term lease agreement between the victim and his/her employees in charge of the victim's company's rent and 48 months of rent, monthly rent, 830,000 won of rent, and 40,000 won of the leased vehicle's rent, which was delivered from the victim's employees in charge of the victim's company on December 11, 2014 to the victim's company on December 11, 2014, and the above vehicle was delivered from the victim's employees in charge of the victim's company on December 105, 2014 to the victim's company on the same day through the name of 4,134,1300,000 won of the above vehicle.

Accordingly, the defendant, in collusion with a name-free person, acquired the car owned by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against E, F, G, H, I, J, or K;

1. Each police statement of L/M;

1. Each statement;

1. Automobile lease contract or original automobile register;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant laws concerning criminal facts, Articles 347 (1) and 30 of the Criminal Act that choose a penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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

1. The case where a person intentionally commits the act of deception in the mitigated area (one month to one year) (special mitigation) of types 1 (less than 100,000 won) in accordance with the sentencing guidelines of the Supreme Court, or in the case where a person intentionally commits the act of deception according to the previous sentencing guidelines.

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