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(영문) 춘천지방법원 2013.04.25 2013고단143
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2012, the Defendant was sentenced to two years of imprisonment with prison labor at the Chuncheon District Court for fraud, etc., and the judgment became final and conclusive on August 30, 2012.

On September 2010, the Defendant asked C to sell D D dump trucks by telephone, and asked C to “Abump trucks at retail market at the level of KRW 80 million” by asking C to “Abump trucks at the level of KRW 80 million.”

However, the above dump truck at that time was established as a collateral for securing the obligation of installment loans, and since the defendant's loans of the above dump truck with unpaid dump truck's installment loans amounting to KRW 5,664,00,000,000 for the victim E who was the purchaser of the above dump truck, if he knew of the fact, he did not enter into a normal sales contract at a price equivalent to KRW 80,000 for the above dump truck. In addition, since the defendant did not pay other creditors debt repayment and pay wages to workers, even if he did not receive money from the victim, he did not have any intention or ability to transfer the above installment loans and cancel the collateral and transfer the ownership to the victim's normal ownership.

Nevertheless, the Defendant concealed the establishment of the foregoing right to collateral security and the unpaid amount of installment loans, and requested C to sell dump trucks with a price of KRW 78.7 million, and deceiving the victim through C to sell the dump truck with a price of KRW 78.7 million, and was issued KRW 50 million from the victim as down payment on September 20, 2010.

Summary of Evidence

1. Each legal statement of witness E and C;

1. A criminal investigation report (F data submission), an investigation report (a statement on the receipt of principal and interest on the Athoman's discrimination);

1. Previous convictions indicated in the judgment: Criminal history records, etc. inquiry reports (A), investigation reports (verification of data on a suspect A-type case), previous dispositions, and the application of Acts and subordinate statutes reporting results;

1. Criminal facts;

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