사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Criminal facts
The defendant is a person who operated C, a motor vehicle parts delivery company, in the name of the wife D.
The defendant provided the victim F with the factory machinery that had already been sold to E as security because the operation of the above company is difficult.
On November 30, 2014, the Defendant is expected to dispose of a factory to the victim and enter the workplace at the above C Office located in Ulsan-gu G in Ulsan-gu, Ulsan-gu.
C The presses used in the factory shall be sold at KRW 17 million, KRW 12 million, KRW 12 million, KRW 17 million, KRW 17 million, KRW 10 million, KRW 24 million, and KRW 10 million, KRW 80 million, and KRW 1.6 million every month, while the C continues to use the presses in the form of possession revision, it shall be sold at KRW 1.6 million, and the said machinery shall be reconstructed within 6 months, the corporate financial status of which is normalization.
“Around that time, a contract was entered into between the victim and the victim to provide the said machinery as security and borrow KRW 80 million in the form of a sales contract for the said machinery for the said period.
However, on January 11, 2013, the Defendant already sold all of the above machinery to E in order to repay the existing debts of KRW 73,00,000,000 to E, and it was well known that according to the above delivery certificate, E can be lost at any time by reason of the fact that E can be recovered at any time.
The defendant deceivings the victim as above and was transferred KRW 78,40,000,000,000,000,000 per month from the victim as the borrowed money to the above bank account in the name of the above D.
Where a contract to establish a double transfer of movable property is concluded by the method of possession revision, a double transferee cannot acquire a security right of transfer (Supreme Court Decision 2006Do8649 Decided February 22, 2007).