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(영문) 대구지방법원 2014.02.13 2013고단6610
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 19, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Daegu District Court Kimcheon Branch, and the judgment became final and conclusive on October 25, 2013.

1. Breach of trust;

A. A. Around January 29, 2007, the Defendant entered into an entrustment contract for the transport service of the victim E F F F F F F F FF vehicle at the D office of the Defendant’s operation D Co., Ltd. located in the Gu and America-si, and on January 28, 2008, entered into an additional agreement with the victim to pay the victim KRW 50 million as the purchase price for the cargo if the installment of the vehicle was fully paid on or around January 28, 2010. In the event of failure to pay the purchase price, the Defendant paid KRW 90,000 as the monthly rent until the payment is made.

According to the entrustment contract, the defendant, who is the trustee, had a duty to manage the cargo for the victim so that the victim can independently operate the transportation business under the responsibility of the victim through the management right entrusted by the defendant.

Around February 11, 2011, the Defendant, in violation of the foregoing duties, offered cargo cars to Aju Capital Co., Ltd. as security and borrowed KRW 55 million.

As a result, the Defendant acquired financial benefits equivalent to KRW 55 million, and suffered damages equivalent to the same amount as the victim.

B. Around May 2007, the Defendant concluded an entrustment contract for the Transport Service for the H cargo vehicle of the victim G at the D office in the operation of the Defendant in the Gu and America-si.

According to the entrustment contract, the defendant, who is the trustee, had a duty to manage the cargo for the victim so that the victim can independently operate the transportation business under the responsibility of the victim through the management right entrusted by the defendant.

The Defendant, at around August 8, 201, offered cargo vehicles to Hyundai Social Co., Ltd. as collateral and offered them at around August 8, 201, when the purchase price was not paid in violation of the above duties.

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