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(영문) 대구지방법원 2017.06.30 2017고합73
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, the attached Table 14, 15 and attached Form 1 of the sight of crimes.

Reasons

Punishment of the crime

The Defendant, from October 20, 2002 to October 31, 2016, practically operated the said company as the representative of E, a company that is a manufacturer of motor vehicle parts located in Si/Gu in Si/Gyeongsi from around October 20, 2016.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud;

A. On October 17, 2014, the Defendant: (a) in the Victim G Bank H business division of the Victim GF located in Busan City F; (b) in fact, at the time when the Defendant was granted a loan from the obligor to E, the Defendant owned one machine of “Serwling M/C” (an appraisal of 50,000,000 won); (c) one machine of “Damping M/C” (an appraisal of 90,000,000 won); and (d) one machine of “Astro Circul Sing M/C” (an appraisal of 11,85,250,000 won) and two machine marks (an appraisal of 12,80,960,000 won) of “Piircul S/C” (an appraisal of 80,960,000 won) that the Defendant actually received as security from the Defendant and the Defendant provided as security, respectively, and agreed to the above Defendant and the Defendant provided as security.

As above, the defendant deceivings the victim as above and obtained a loan of 500,000,000 won from the victim and acquired it by defrauded.

B. At around July 28, 2015, the Defendant: (a) at the same place as the above A; (b) at the same time, the Defendant provided the Defendant as the debtor, as security at the time of obtaining a loan from the Plaintiff G bank, one machinery of “Tubing M/C” (No. 1, 238,800,000) and one machinery of “Tub Bendling M/C” (No. 2, 2, 67,60,000 won) and one machinery of “Tubling M/C” (No. 67,660,000 won) are those owned by J Co., Ltd.; (c) although there was no consent or delegation from the said company on the provision of security, the Defendant provided the said machinery as security while having actually owned the said machinery.

The defendant deceivings the victim as above, and thereby deceivings 180,000,000 won from the victim.

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