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(영문) 울산지방법원 2019.08.22 2018고단3813
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On February 2, 2016, the Defendant: (a) purchased a truck in the name of the victim, and registered as a tax office operator, and (b) concluded a contract with the transportation company to enter the vehicle, and (c) purchased a vehicle in the name of the victim, and (d) concluded a land entry contract with D, a logistics transportation company, after purchasing the vehicle in the name of the victim.

1. On March 10, 2016, the Defendant said that, “Around March 10, 2016, the Defendant: (a) purchased cargo vehicles by investing KRW 80 million in the 10th floor office of the building in Ulsan-gu, Ulsan-gu; and (b) provided that the Defendant would transfer KRW 80,000,000,000 won per month to the victim B, because there was a penalty for KRW 1.5 million per month

However, the price of the above Cti Vehicle was 68 million won, and the defendant was individually willing to use the difference of 12 million won.

The Defendant, by deceiving the victim as above, received 80 million won from the victim to the F bank account under the name of the Defendant in the name of the F bank account in around 14:30 on the same day, and acquired 12 million won in difference.

2. The Defendant was in breach of trust with the duty to faithfully manage the vehicles for the victim, such as entering the victim C AH vehicle owned by the victim B into the LA vehicle D and paying the profits to the victim as a fee.

However, on the ground that the above vehicle is not operated properly, the defendant decided to sell the above vehicle to G, the representative director D in the Dispute Resolution Co., Ltd. without the consent of the victim, to 29 million won.

On August 31, 2017, the Defendant prepared a written waiver of the said vehicle and I, a member of the KBD office in Yangsan-si H, and had the KB account in the name of J transfer KRW 25 million out of the vehicle price of KRW 29 million to the K bank account in the name of J on the same day, and used KRW 4 million at his own discretion by transfer to the FB bank account in the name of the Defendant.

Accordingly, the defendant violates his duties and is equivalent to 29 million won.

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