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(영문) 의정부지방법원 고양지원 2017.11.30 2017고단85

사기등

Text

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

Reasons

Punishment of the crime

1. On March 201, 201, the Defendant told the victim B, who was in his/her transaction with the first police officer, to the effect that “The cost of directors is required to move the factory, if he/she lent KRW 10 million to a third party, he/she shall be repaid immediately after transferring the factory.”

However, the Defendant had no intention or ability to repay even if he borrowed money from the injured party, since the Defendant failed to operate the factory smoothly and the payment of the wages and the rent for the factory was in arrears.

Nevertheless, on March 11, 201, the Defendant acquired KRW 5,000,000 from the injured party to the new bank account in the name of Defendant C, the birth of Defendant, and KRW 5,000,000 from the injured party on April 22, 2011 to the above C’s account in the said name.

2. On January 11, 201, the Defendant in breach of trust provided the victim with one set of 25 million won at the market price as the object of transfer collateral in order to secure the return of the amount of KRW 20 million borrowed from the victim B before the date of his/her “E stuff manufacturing factory,” which he/she operated in D at the time of Pakistan.

Since the Defendant provided the collateral as above to the victim as the object of transfer collateral, even if there was a duty to preserve the collateral as it was without disposing of it in accordance with the purpose of the establishment of the collateral until the victim repaid the loan, the Defendant transferred the above cutting machine to the lessee within the above factory on November 201, thereby acquiring approximately KRW 25 million and suffered losses equivalent to the same amount to the victim.

Summary of Evidence

1. Protocol concerning the examination of the police of the accused;

1. Statement made by the police in B;

1. A certificate, a fair deed, and details of account transactions;

1. Investigative report (to hear statements from complainants or not hear statements from suspects);

1. Investigation report (to hear additional statements by a complainant).