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(영문) 서울서부지방법원 2017.01.19 2016고단3258
사기
Text

A defendant shall be punished by imprisonment for seven 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 March 3, 2016, the Defendant entered the victim D with “E 5 tons of cargo vehicles owned within the Republic of Korea onto the Environment D Co., Ltd.” on the ground that he/she continued to arrange for the transportation of waste when he/she acquired these vehicles with KRW 35 million.

‘False speech' was made.

However, in fact, the corporation was suffering from the environmentra corporation

The actual owner of the E-cargo was F Co., Ltd. who was not the defendant, and the defendant was employed by leasing the above cargo vehicle in KRW 1 million per month to 1,00,000, and the defendant was found to have left the environment D Co., Ltd., and the monthly rent was not paid to F Co., Ltd., and there was no intention or ability to transfer the ownership of the above cargo vehicle to the victim or arrange for

Nevertheless, the Defendant, as if he had ownership of the above cargo vehicle, was accused of the victim, and was issued KRW 35 million on the 16th of the same month to the injured party as the vehicle price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Automobile registration certificate, written confirmation of vehicle entry, and details of transfer;

1. Application of Acts and subordinate statutes to the Act and subordinate statutes governing the ownership of a vehicle with an investigative report (state);

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. Where the reason for sentencing under Article 62(1) of the Criminal Act (the amount of a fine for the same kind of crime and the amount of a fine is not large, but is twice the same offense, but the victim has agreed to do so, and all kinds of sentencing factors, including the defendant's age, sex, environment, etc., are considered) of the suspended sentence [the scope of the recommended punishment] (one month to one year) of the mitigated area (the person subject to special mitigation] (the person subject to special mitigation] of the mitigated area (one month to one year), or damage to a considerable part of the mitigated area;

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