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

Punishment of the crime

[Attachment 2014 Highest 1234] The facts charged are as follows.

[2014 Highest 1501] The Defendant, who operates a manufacturing company with the trade name of “C,” received a vehicle from a financial company with a difficulty in operating the company by means of facility leasing (lease) around June 2013, and was willing to provide the same to the creditor as security.

On June 12, 2013, the Defendant made a false statement to the staff in charge of Hyundai Capital Co., Ltd., Ltd. in Yongsan-gu, Yongsan-gu, Seoul, to the effect that “The Defendant would pay lease fees of KRW 2,896,80 per month for every 48 months from July 25, 2013 to June 25, 2017, for every 48 months from July 25, 2013 to June 25, 2017.”

However, even if the defendant lends the vehicle from the victim, he did not have the intention or ability to pay for the lease fee or return the vehicle at the expiration of the lease term.

The Defendant received from the victim the FWz350 car at a price equivalent to 110,363,636 won at the market price around the 15th day of the same month.

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

Summary of Evidence

[2014 Highest 1234]

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each contract for the lease of motor vehicle facilities (2014 highest 1501);

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to an application for automobile lease;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act lies in the confession and reflection of the instant crime; the Defendant agreed with the victim on the instant case after the instant indictment; the said victim does not want the Defendant’s punishment; although the Defendant did not reach an agreement with the victim of the instant case, the instant indictment was filed.