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(영문) 서울서부지방법원 2017.06.27 2016고단2238
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Criminal Records] On September 10, 2015, the Defendant was sentenced to imprisonment with prison labor for the crime of occupational embezzlement, etc. at the Seoul Western District Court, and the sentence became final and conclusive on November 16 of the same year.

[2] Around December 24, 2013, the Defendant concluded a lease contract with G employees of a social Korea Co., Ltd., Ltd., which caused the damage to the victim, and benz E H car owned by the victim company, with G employees of the social Korea Co., Ltd., Ltd., and with G employees of 60 months of benz E H car owned by the victim company, paid the lease fee in good faith, and the ownership up to that time was owned by the victim and could not be used by others, and if the lease fee was not paid, the Defendant decided to return the vehicle.

However, even if the defendant, C, and D were delivered by the victim company, it was thought that the above vehicle will be provided as security and borrowed by the lending company.

As such, the Defendant, in collusion with C and D, by deceiving G, an employee of the victim company, and was issued by the victim company one of the events car worth approximately KRW 60 million on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the examination of suspects (or copies thereof) by each prosecutor with respect to C;

1. A copy of each police statement made to C or I;

1. Copy of the complaint;

1. The investigation report (the list Nos. 22, 24 of evidence);

1. Previous convictions: Application of Acts and subordinate statutes reporting criminal history, investigation reports (Attachment of criminal suspect-related judgments), failure to take measures, and results of confirmation of criminal records;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the confession of the defendant, the fact that the defendant has no record of the same kind of crime before this case, the circumstances leading to the crime, the economic benefits of the person himself/herself, the degree of participation in the crime, and the sentence finalized to the accomplice, and the first head of the judgment.

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