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(영문) 창원지방법원 마산지원 2014.10.28 2014고단211

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 13, 2013, the Defendant was sentenced to a suspended sentence of two years on the one-year imprisonment for a violation of the Act on the Control of Narcotics, etc., at the Changwon District Court Msan branch on March 13, 2013, and the said judgment was finalized on March 21, 2013.

1. On November 2012, the Defendant was issued a certificate of personal seal impression, etc. necessary for the relocation of the said vehicle, key, and the name of the said vehicle by the victim, on the ground that, at the victim D’s house located in Seongbuk-gu, Changwon-si, Sungwon-si, 205 Dong 204, the Defendant stated, “The Defendant would transfer KRW 21,141,676 to another person by selling the said vehicle in his/her name ENS vehicle to another person at the time of purchase of the vehicle.”

However, in fact, the Defendant did not intend to transfer the said NAS vehicle to F, one’s creditor, and to F even if he transferred the said vehicle with the intention to additionally borrow KRW 4 million from the victim, even if he received the said vehicle from the victim, he did not intend to transfer the said vehicle to F.

On November 30, 2012, the Defendant, even though sold the above vehicle to F in KRW 15 million, by means of not transferring the name of the vehicle cost to F, acquired the vehicle at approximately KRW 29.9 million in the market price (based on the purchase price at the end of January 2012) by deceiving the vehicle at KRW 29.9 million.

2. The Defendant acquired the company’s representative name as the victim after receiving an investment amounting to KRW 13,00 to KRW 40,000 from the victim D with respect to the tinsan Development Project, which was implemented by (State) H from January 201 to March 2, 201 of the same year.

The Defendant: (a) around March 2012, when promoting the instant state-H’s tin acid development project to the victim D at an unsound place, it is necessary to obtain additional bank loans due to the shortage of business funds; (b) and (c) the victim’s debt amount and creditor’s disturbance as a disturbance.