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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On May 28, 2010, the Defendant was released from the Suwon Detention House on December 24, 2010 and the parole period expired on January 24, 201.
【Criminal Facts】
On August 22, 2013, the Defendant entered into a lease agreement between the employees of the victim MW 3 (D) corporation and the victim’s 2,631,300 won in the entire C market located in Gangnam-gu Seoul Metropolitan Government, Seoul and the employees of the victim MW 3 (D) on the 25th day of each month to pay the vehicle for 36 months.
However, in fact, the Defendant was in a bad credit condition, and the restaurant operated by the Defendant was also in a state of being fit, and thus, the Defendant had intent to transfer the said vehicle to the bond company and make a loan to the bond company, and even if the vehicle was delivered by the victim, there was no intention or ability to pay the rent in using the said vehicle in accordance with the lease agreement.
Nevertheless, the defendant deceivings the victim as above, and is based on the total vehicle price stated in the lease agreement of KRW 97,200,000, market price owned by the victim on the same day.
(See 8 pages) A considerable amount of BMW M3 car was issued.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The police statement concerning F;
1. Complaints, automobile lease contracts, current status of overdue claims, and invoice for the original case;
1. A report on investigation;
1. Previous records: Criminal records, investigation reports (report attached to the previous sentence), and application of the suspect examination protocol of the accused to the prosecution;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;
1. The Defendant, with reason for sentencing Article 35 of the Criminal Act, committed the instant fraud again during the same repeated crime period, and the Defendant committed the instant crime.