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(영문) 수원지방법원 안양지원 2012.11.07 2011고단1018
사기
Text

Defendant

A shall be punished by imprisonment of 4 months with prison labor for each of the crimes of 1 and 2 set forth in the judgment of the defendant B, and the crime of 3 months set forth in the judgment.

Reasons

Punishment of the crime

【Defendant A was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon District Court on September 21, 2006 at the Suwon District Court on May 23, 2007 and the parole period was expired on June 9, 2007, when the execution of the sentence was provisionally released on May 23, 2007. Defendant B was sentenced to imprisonment with prison labor for 10 months at the Suwon District Court on May 27, 2010, and the said judgment became final and conclusive on June 4, 2010.

【Defendant A is the representative director of the corporation I (hereinafter “I”) with H building 501 at Guang-si, and Defendant B is the former director of the said I, who performs the duty of consultation related to the entrusted management contract on the part of the vehicle.

1. The Defendants: (a) purchased a cargo vehicle with K4.5 tons and received a loan of KRW 80 million from Korea Capital Co., Ltd.; and (b) concluded a consignment management contract for the said cargo vehicle on the ground that the said vehicle would have been registered at the same time as the vehicle was registered; and (c) when concluding the consignment management contract for the said cargo vehicle, the Defendants had to deduct the above loan of KRW 80 million from the purchase price of the said vehicle from the vehicle; (b) however, they had to enter into the consignment management contract for the said cargo vehicle with the victim J while concealing such fact.

At the above I office around June 11, 2009, the Defendants conspired that “If cash 15 million won is paid, the Defendant will deliver the vehicle by concluding an entrustment contract on the part of a new truck for 4.5 tons.” On June 11, 2009, the Defendants received delivery of KRW 1500,000,000 as the purchase price for the vehicle from the victim who was unaware of the scheduled fact that the registration of establishment of a mortgage is to be completed on the said cargo vehicle.” The Defendants received delivery of KRW 1.5 million in total as the purchase price for the vehicle from the victim who was unaware of the scheduled fact that the registration of establishment of a mortgage is to be completed on the said cargo vehicle.

2. The Defendants related to the cost of purchasing a vehicle to the victim G were practically loaned KRW 90 million from Ga Capital Co., Ltd. while purchasing a truck with L 4.5 tons of cargo. The Defendants borrowed the amount of KRW 90 million from Ga Capital Co., Ltd. on May 3, 2010.

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