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(영문) 대구지방법원 안동지원 2013.10.10 2012고단1277 (1)

사기

Text

Defendant

A Imprisonment with prison labor for six months, and for one year and six months, respectively.

Reasons

Punishment of the crime

[criminal record] Defendant B was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court on October 2, 2007, and the execution of the sentence was terminated on April 3, 2009. On May 18, 2012, Defendant B was sentenced to three years and six months of imprisonment for special larceny, etc. at the Daegu District Court on May 18, 2012, and was under guard in the same prison as of May 26, 2012.

Defendant

A on January 26, 2007, sentenced two years and six months to be sentenced to rape injury by the Seoul Northern District Court on July 24, 201, and the execution of the sentence was terminated on July 24, 201, and on October 28, 201, on October 5, 201, the Ulsan District Court sentenced ten months to imprisonment with prison labor for violating the Petroleum and Petroleum Substitute Fuel Business Act, etc., and the judgment became final and conclusive on November 5, 201.

【Criminal Facts】

The Defendants knew that the victims D want to sell one E treatment truck with the market value of KRW 135 million (hereinafter referred to as “treatment truck”) and one truck with the market value of KRW 147 million (hereinafter referred to as “on-site truck”) and one truck with the market value of KRW 25 million (hereinafter referred to as “on-site truck”). The Defendants, despite the absence of the intent or ability to repay the above loans with the market value of KRW 135 million, planned to sell the above loans (hereinafter referred to as “the treatment truck”) to which mortgage is established on the said two trucks, to the third parties to immediately sell the above loans (the “on-site truck”) to which a mortgage is established on the said two trucks, and the “on-site truck” is equivalent to KRW 83,498,083, KRW 56,000,000,000,000,000,0000,000,000,000,000).

Accordingly, Defendant A, along with G, found the victim’s house located at H on March 11, 201, around Jinju-si, at the same time and place from the victim. As to the two of the above truck, Defendant A, “The two of the instant truck truck truck, on which the internal house payment is made, shall be sold at KRW 42 million,” and Defendant B received KRW 42 million from the victim as the purchase price of the truck, and then, Defendant A, at the same time and place as the victim.