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The defendant shall be punished by imprisonment for four months with prison labor for the crime of embezzlement in the holding.
Reasons
Punishment of the crime
[criminal records] On April 12, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and two years of suspended execution, which became final and conclusive on April 20, 2017, and is currently under suspended execution.
1. Fraud [2018 Height 632] The Defendant: (a) at the office of Gangseo-gu Seoul Metropolitan Government building B and the office of the victim D Co., Ltd. (Representative Director E); (b) on January 12, 2017, the Defendant: (c) “GMW vehicle was unable to maintain the lease contract due to the customer’s circumstances; (d) upon termination in the middle, monetary burden would occur; and (e) upon termination in the middle, the Defendant is able to succeed only to the lease contract under which the internal cost would be paid; and (e) until March 30, 2017, the lessee succeeds to the name of lease; and (e) all expenses incurred therefrom will be disposed
The lease fee of KRW 10 million is paid to other customers who had originally been paid the lease fee of KRW 10 million.
“A false representation was made.”
However, in fact, the Defendant was an individual rehabilitation for the reason of the amount of KRW 50 million at the time, and the unpaid amount for the disposal of used vehicles occurred, and the Defendant was in the state of being entrusted the said vehicle as security to the name-free winners (hereinafter “H”) and seeking to pay the unpaid amount of KRW 15 million. The previous lessee was used in paying the unpaid amount, and was in the state of absence of any specific property. Therefore, even if the victim was promised to succeed to the name of the lease, there was no intention or ability to pay the lease amount of KRW 1.5 million per month.
As such, the Defendant, by deceiving the victim, had the victim succeed to the lease agreement, thereby allowing the victim to pay a sum of KRW 13,822,431,00 in lieu of the lease agreement, and obtained pecuniary benefits equivalent to the same amount, this part of the facts charged is established by having the victim succeed to the lease agreement, thereby committing fraud. This part of the facts charged constitutes concurrent crimes after Article 37 of the Criminal Act, and thus does not affect the exercise of the Defendant’s right of defense.