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(영문) 대구지방법원 2018.02.20 2016고단4645

사기등

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant: (a) from around 2010 to a person engaged in repair and lease business with the trade name of “C”; (b) the victim D is engaged in manufacturing business with the trade name of “E” from February 22, 2006; (c) the Defendant and the victim verbally leased and manages the damaged person in the name of “E” in the victim’s operation in Busan City, around February 20, 2012, when the damaged person purchases the former vehicle, 80% of the rent shall be paid to the victim; and (d) the rent shall be paid to the victim; and (e) 20% of the rent shall be paid to the Defendant for the management expenses and repair expenses; and (e) the victim bears the remainder of the repair expenses except for the latter.

A. On March 1, 2012, the Defendant leased one unit of “G”, which is the victim’s ownership, to “G” from around the above day to December 31, 2015 in accordance with the consignment contract (referred to as “instant arrangement” in the context) at the above E office (hereinafter “instant arrangement”) and embezzled by arbitrarily consuming KRW 13.6 million, except for the repair cost, while receiving KRW 13.6 million from around the above day to December 31, 2015.

In addition, from the above day to December 31, 2015, the Defendant embezzled the rent of 18,2560,000 won of the previous 15 tons of the previous 15 tons of the vehicle (hereinafter “the previous 15 tons of the previous 20,000 won”) as shown in attached Table 1 of the crime log 1 of the previous 200,000,000 (attached Table 1 of the crime list 1 of the previous 200,000 won) by arbitrarily consuming it (TCM 2 tons of the leased vehicle 3 of the No. 3 of the previous 14th 14th metric, “New 6FR 2.5 tons” of the leased vehicle, and “H” of the instant 14th 2.5 metric from the date of voluntary disposal to the date of 15th 5th 201, the Defendant had the victim’s 15th o.25th o.