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Reasons
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(영문) 대전지방법원 서산지원 2014.05.23 2014고단121
사기등
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around November 1, 2009, the fraud defendant made a false statement to the effect that "the defendant would allow the victim E to use "F," which is a business number when purchasing cargo vehicles, and then replace the victim E with the other business number when returning the right to use the number."

However, even if the Defendant received the cargo rent from the victim, he transferred it to the victim so that the victim can use the “F”, which is the business number, along with the said cargo vehicle, and later, the victim did not have the intention or ability to use the other business number if the victim returned the “F”, which is the business number.

On November 11, 2009, the Defendant received KRW 30 million from the victim as the vehicle price, and received KRW 6 million around December 30, 2009, and acquired KRW 36 million in total.

2. Around February 2010, the Defendant: (a) paid KRW 8.7 million to H, the actual owner of the G cargo vehicle registered under the name of the Defendant, and purchased the said G cargo vehicle; and (b) subsequently, the Defendant kept the said G cargo vehicle in custody for the victim, the borrower, as the principal owner of the G cargo vehicle.

On December 30, 201, the Defendant: (a) borrowed KRW 30 million from the Dongyang Life Insurance Co., Ltd. at a non-place around December 30, 201; and (b) provided the above G cargo vehicle as joint collateral with the Defendant’s cargo vehicle without the consent of the victim.

Accordingly, the Defendant embezzled cargo vehicles of 8.7 million won at the market price owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and E's legal statement;

1. Each police statement made to I;

1. A copy of a motor vehicle sales contract;

1. A copy of each register of automobiles;

1. Application of a copy of the register;

1. Relevant Articles 347(1) and 355(1) of the Criminal Act concerning criminal facts.

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