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(영문) 인천지방법원 2016.02.17 2015고단7439
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2012, the Defendant leased a eMW730D vehicle equivalent to 131,116,000 won at the market price from the social Korea (State) office located in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Gyeonggi-do, the Defendant paid the lease fee of KRW 3,245,078 per month to the employees of the location.

The phrase “ makes a false statement.”

However, in fact, the Defendant paid the lease fee, etc. from F in the name of the Party by extracting the BMW vehicle in the name of the Party, and then transferred the lease contract three months after the lease contract and paid the profits by carrying out the LitC business.

“On the proposal, there was no intention or ability to pay the above rent to the victim even if the victim received the delivery of the vehicle from the injured party, because he was believed to transfer the vehicle to F after leasing the said vehicle to F.

The defendant deceivings employees of the victim company as above and received BM730d vehicles equivalent to the market price of KRW 131,116,000 from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is against the crime of this case; there is no benefit acquired by the defendant due to the crime of this case, and the defendant was deceiving F to the defendant, thereby causing the crime of this case; partial damage was recovered; there was no record of punishment exceeding the fine; and other various sentencing conditions such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime shall be determined as ordered by taking into account.

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