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(영문) 인천지방법원 2015.01.22 2014고단6211

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who was a representative director E of a limited company E in Crossing-gun of Gangwon-do.

1. On February 22, 2013, the Defendant concluded that, in the process of having a loan brokerage company G in the Sinpo City F purchase a modern 5 tons car truck (H) in its own name, the Defendant would pay for 36 months each month the amount of KRW 1,005,930 to the Victim Savings Bank (hereinafter “victim”).

However, at the time, the foregoing vehicle was planned to be used in E, but the Defendant was unable to lend the vehicle under the name of E, and the Defendant was acting as if he purchased the vehicle, and E was unable to pay monthly wages to employees including the Defendant from October 2012, and the Defendant did not have any intent or ability to repay the said money even if he borrowed money from the victimized Company because he did not have any money.

As above, the Defendant deceptioned the staff in charge of the victimized Company, and acquired KRW 28 million from the victimized Company to the Agricultural Cooperative Account in the name of E at that time.

2. On March 13, 2013, the Defendant created a right to collateral security on a claim value of KRW 19.6 million with respect to the above Hyundai 5 tons car trucks in order to secure the performance of the obligation of KRW 28 million between the victimized company and the victimized company at an unsound place.

On March 2013, the Defendant borrowed 12 million won from the borroweder in his name at the I Office located in the original city of Gangwon-do and offered it as security.

Accordingly, the defendant, which is the object of the rights of the victimized company, concealed the truck by disposing of it in the future of the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A complaint (including attached documents);

1. Application of Acts and subordinate statutes to an investigation report (the contents of K currency for reference);

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for the crime, the choice of punishment (Fraud).