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(영문) 인천지방법원 부천지원 2013.04.18 2013고단256

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On January 27, 201, at the “D factory office operated by the Defendant in the wife population C, the Defendant: (a) sold the victim E for KRW 5,00,00 for one Thompson machine (a type No. YT-1040); (b) one printing machine; and (c) one landing machine from F around August 2010; (d) borrowed KRW 20 million from F; and (e) around that time, F was supplied for KRW 20 million of the market price of the above factory machine to F as a collateral for transfer; and (e) the said victim was not authorized to sell one Thompson machine from the above victim without notifying the fact that the said machine was provided as collateral for transfer; and (e) it was carried out as if it was authorized to sell the said machine to the victim without notifying the fact that it was supplied as collateral for transfer, and (e) it was excluding the purchase price of KRW 35 million,000,000 for Thompson.

2. The Defendant, around January 27, 201, sold the above factory to the victim on or around January 27, 201. Since around that time, while operating the above factory for the victim, he kept one container with the market value of 1.5 million won owned by the victim. On October 201, the Defendant embezzled the victim’s property by arbitrarily disposing of the above container one to the insular world in order to raise living expenses at the above factory office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a complaint, a real estate sales contract, a monetary loan contract for transfer security to a notarial deed;

1. Relevant Articles 347(1) and 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, and choice of imprisonment with labor for the crime;

1. In light of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the punishment of the Defendant shall be sentenced in light of the following: (a) the nature of the crime in this case is not good; and (b) even if the amount of damage is not significant until now, the damage has not been recovered.