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(영문) 인천지방법원 2015.09.17 2015고정1736
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was an employee of a lending company, and the defendant did not have the intention or ability to sell the vehicle normally to the victim C (the age of 37, the remaining).

Nevertheless, around September 23, 2014, the Defendant sold DNS vehicles under the name of Hyundai Capital Capital in the name of the Nam-gu, Seoul Metropolitan Government Public Health Center near the Nam-gu, Nam-gu, Incheon, and acquired a total of KRW 13,000,000,000 from the victim who believed to be true to receive the lease amounting to KRW 13,00,000,000,000 from the victim who believed to be true, on the ground that “this vehicle is a vehicle leased by the person E, and the monthly lease fee is normally paid. It is possible to use the monthly lease amounting to KRW 13,00,000,000 from the five-month month to the five-month, and if E returns to KRW 13,00,000.”

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Submission of reports on internal investigation and report on internal investigation (attached to documents for public inspection);

1. The statement of transaction [the defendant and his defense counsel argued that there was no deception by the victim because the defendant had been under normal payment of the rent of the vehicle in this case. However, in light of the ownership and lease relationship of the vehicle in this case, the status and duty of care of the defendant who sells the vehicle offered as security to the lending company, etc., the sale method of the vehicle in this case and the payment relation thereof, the circumstances that the vehicle in this case was recovered from the Hyundai Capital Co., Ltd., and other circumstances before and after the date of this case, it is reasonable to deem that the defendant by deceiving the victim explicitly or with negligence, thereby deceiving the victim to obtain the amount corresponding to the vehicle in this case]

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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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