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(영문) 부산지방법원 2018.11.28 2018고단3801
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant and his name-free person entered into a lease contract under the name of the Defendant and delivered a vehicle to the name-free person, and the Defendant agreed to receive 7 million won of the vehicle and agreed to make a prompt name as a "motor vehicle tin".

According to the above public offering, the Defendant would pay rent of KRW 688,200 per month to employees of the victim D Co., Ltd. in Seoul Special Metropolitan City, around January 16, 2013 when he/she received delivery of KRW 30,170,00 to employees of the victim D Co., Ltd. for a period of 60 months.

The term “inform the victim by means of making out an application for facility leasing (lease)” and received the E Kaman vehicle equivalent to KRW 30,170,000 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of F and G;

1. An application for automobile lease;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] General Fraud / [the sentence of six months to one year] / [the sentence of six months] unfavorable circumstances: The circumstance favorable to the defendant that the defendant deceivings the victim from the beginning as if he intentionally leases vehicles, thereby causing property damage equivalent to 28 million won to the victim and fails to recover damage: The defendant does not have the same or heavier punishment power as well as the punishment of fines for this type of crime, and reflects his mistake; the above sentencing guidelines and sentencing factors reflects the defendant's age, sexual behavior, environment, etc., and other various circumstances that are the conditions for the sentencing of this case.

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