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(영문) 대전지방법원 2015.12.16 2015고단3521

사기등

Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Attachment] On July 7, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for embezzlement in the Daejeon District Court Branch Branch of the Daejeon District Court on October 14, 2015, and the said judgment became final and conclusive on October 14, 2015. On October 19, 2015, the said court was sentenced to six months of imprisonment with prison labor for fraud, and is still pending in the appellate court trial at the present time. On October 28, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for embezzlement to the Daejeon District Court and is currently pending in

1. On February 15, 2013, the Defendant entered into a contract with the victim U and the victim U at a notarial office located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, with the effect that “If the Defendant borrowed KRW 20 million from the victim and offered t-11267S smuggling 1, CM5212014, which the Defendant owns as security, and fails to repay the borrowed money within three months, the Defendant shall immediately deliver the said articles to the victim and shall not dispose of the said articles to a third party after the date of authentication.”

Since the Defendant received KRW 20 million from the victim in its job in accordance with the above agreement, the Defendant had a duty to not dispose of the said goods to a third party, even though there was a duty to not dispose of the said goods, the Defendant received KRW 50 million from the person who was unaware of the name in the Q factory located in Asan-si C around October 2013 and transferred the said goods.

As a result, the Defendant acquired the pecuniary benefits equivalent to KRW 20 million, which is the amount of the victim's claim, and suffered damages equivalent to the same amount as the victim.

2. On September 13, 2014, the fraud Defendant made a false statement to the victim U at his own house located in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, 101 Dong 1202, stating that “I will immediately pay for 30 million won if the proceeds from the sale of equipment are collected.”

However, the Defendant, at the time, arbitrarily disposes of other machinery equivalent to KRW 119.5 million from July 2014 to September 2014.