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(영문) 창원지방법원 2014.11.12 2014고단1109
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant, who was employed as a broker by the Dmotor vehicle dealer, has been frequently committed in the above commercial office due to his liability even after his retirement.

A. On October 28, 2012, the Defendant went to the above commercial office E located in the window of Changwon-si, and offered a proposal to the effect that “the victim F, who purchased marina vehicles, would transfer ownership of 16.7 million won of the vehicle in the GJ,” and received a down payment of 2 million won to the Defendant’s account on the same day, and paid the said vehicle to the D Trading Co., Ltd. on the 29th day of the same month, and at the same time transferred the said vehicle to the Defendant’s account, and embezzled it by arbitrarily using the said vehicle as debt repayment, etc. around that time while he was kept for the victim.

B. On November 12, 2012, the Defendant: (a) transferred 4.8 million won to the Defendant’s account to the Defendant for the repayment of the installment payment upon request from the victim C who purchased a second and second and second installment loan contract at the above office; and (b) embezzled it by arbitrarily using it as debt repayment, etc. around that time.

2. On October 31, 2012, the Defendant recommended the victim H, who was known to the general meeting of the above office, to “I think that it would have good SS3 automobiles”, but agreed to exchange the victim with the victim who wanted to exchange the vehicle with the amount equivalent to 9.7 million won at the market price of the middle-standing passenger vehicle and to receive 5.1 million won, which is the difference.

However, in fact, the defendant did not have the intent and ability to deliver the MF3 car even if he received a medium-sized passenger car and cash from the victim as above.

Accordingly, on November 11, 2012, the Defendant transferred the IF car from the victim and transferred money 5.1 million won to the Defendant’s agricultural bank account, and acquired money and valuables worth 14.8 million won in total.

b)a summary of the evidence;

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