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(영문) 대구지방법원 서부지원 2013.08.13 2013고단508
사기
Text

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

A. A. On June 15, 2012, the Defendant, at the office D Co., Ltd. office operated by the victim C in Daegu-gu, Seo-gu, said, “The Defendant provided the Defendant as security and received a loan for the E-containered goods shower owned by the Party,” saying, “The Defendant will operate the said cargo vehicle by modifying it with the loan, and pay the loan as soon as possible.”

However, in fact, even if the defendant provided the above cargo vehicle as collateral and received the loan, he thought that he would use the loan as personal living expenses, oil expenses, etc., and he did not have any intention or ability to operate the above cargo vehicle or to repay the loan by entering the above cargo vehicle into D because he was in excess of the debt amounting to KRW 150 million.

Nevertheless, the Defendant, by deceiving the victim as such, received necessary documents for the loan from the victim, and obtained the above cargo vehicle as collateral from the Kati Capital Co., Ltd. on the same day, and acquired the above cargo vehicle and acquired the pecuniary benefits equivalent to the same amount.

B. On June 27, 2012, the Defendant stated that “If the Defendant lent KRW 7 million to the victim’s office operated by the victim C, it would be attached to D after attaching it to the cargo vehicle number plate owned by the Defendant.”

However, in fact, the defendant received the number plate from the victim and used the above 7 million won for personal use. G, the representative of other logistics companies, received the number plate of the vehicle for cargo and attached the number plate to the cargo vehicle owned by the defendant, and there was no intention or ability to enter the cargo number plate into D by purchasing the cargo number plate, such as placing the number plate on the cargo vehicle owned by the defendant and placing it on other transportation companies.

Nevertheless, the defendant, by deceiving the victim, let the victim remit 7 million won to the F's account, and is not aware of the fact.

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