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(영문) 대구지방법원 의성지원 2016.04.21 2015고단124
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 7, 2014, the Defendant: (a) at the office E, a corporation located in Gyeongbuk-do around February 7, 2014; (b) machinery, such as shot-type machines and shot-type machines owned by the said company; (c) the creditor Daegu Bank, despite the establishment of a collateral security right equivalent to KRW 750,000,000,000,000,000,000,000,000, was insufficient to purchase the shot-type machine for the creditor Daegu Bank; and (d) the Defendant sold the said machinery and sold the said machinery and let F of the Defendant, who is aware of the fact that the right to collateral security was established, transfer the s

“In a manner of deceiving the victim by false accusation, and deceiving the victim, from the victim on February 10, 2014, he/she was transferred KRW 40 million to the Korean bank account with F name on or around February 14, 2014, and acquired KRW 60 million with the same account around February 14, 2014, and KRW 10 million with the same account around February 21, 2014, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the interrogation of suspect with respect to F;

1. An investigation report (in relation to attachment, such as a copy of the transaction contract, attachment of details of G ordinary deposit transactions which is the complainant, hearing of suspect A telephone statement);

1. Application of documents concerning registration of collateral security, and of the detailed statement of transactions Acts and subordinate statutes;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. The assertion;

A. Two compacters, among machinery, on which the right to collateral security was established, were left to H for repair due to the same wave accident, and was not the object of the sale at the time of the instant sale.

B. The injured party and F calculated KRW 500,000,000,000 for the purchase price of the non-exploitable type type of the machinery of this case, other than the non-exploitable type type of the machinery of this case, and the rest of the machinery of this case, and the injured party collected the whole of the compcomploiting and other scrap iron after the sale of this case.

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