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(영문) 수원지방법원 안산지원 2018.11.07 2018고단1765
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal records] On September 21, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and six months with prison labor for fraud, etc., and the judgment became final and conclusive on March 1, 2018.

[2] The Defendant is a person who operated D Co., Ltd. (hereinafter “D”), a logistics company located in CB (B) No. 201, at Sil interest.

On July 6, 2016, the Defendant knew that the victim E purchased cargo vehicles and intends to carry on the cargo vehicle business under the name of D, and concluded a false statement with the victim at the above D office that “The purchase price of the cargo vehicle at the early 14 tons of FF 14 tons in the first place in 2011 is KRW 9,5960,00,000, and the amount of KRW 96,000,000,000 from the Nonghyup Capital to the D account with the loan secured by the cargo vehicle and deposited the loan into the D account, the Defendant would deliver the cargo vehicle within 20 days after purchasing the cargo vehicle with the money.”

However, on July 24, 2015, the Defendant was unable to deliver and refund the cargo vehicle under the above method without being delivered a sum of KRW 110 million. At the time of around 2016, the Defendant was unable to pay the equipment rent equivalent to KRW 90 million on the D Forest Co., Ltd., a equipment leasing company, and even if the Defendant was unable to pay the equipment rent for the cargo vehicle from the damaged party, it was used to pay the equipment rent in full. Since the Defendant failed to secure the cargo vehicle and the registration number plate notified to the victim, even if he was paid the cargo vehicle from the damaged party, the Defendant purchased the cargo vehicle under the name of D and did not have any intent or ability to have the injured party enter the business.

The Defendant received a loan of KRW 96 million from the Nonghyup Capital Co., Ltd. on July 7, 2016 from the damaged party to the new bank account (G) in the name of D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. A copy of an automobile registration document or passbook;

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