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(영문) 창원지방법원 2018.10.31 2018고단1728
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The thief Defendant was asked by the victim C to lend its name in purchasing the cargo vehicles from the victim C. On April 8, 201, the victim agreed to purchase D 31.2 tons and E 21 ton cargo vehicles from D 31.2 tons and around July 12, 2013, respectively. The victim borrowed the name of the Defendant or the Defendant’s wife F, while operating the said cargo, and the victim agreed to repay 12 million won loans and 12 million won loans received from Hyundai Capital Co., Ltd., Ltd., a new card related to the cargo vehicle from 21 ton, and 12 million won loans received from the Defendant or the Defendant.

The Defendant, on the ground that the injured party paid late the money in the name of the repayment of the agreed loan, had been aware of the fact that he arbitrarily brought about the said cargo and used the money as repayment of the loan.

A. On April 6, 2016, the Defendant: (a) stolen the victim’s property in a manner that: (b) the victim used the key in a cre in the absence of the said warehouse; (c) used the key in a cre in the cresh that he/she was in possession of; and (d) 31.2 tons of cargo vehicles at the victim’s market price at KRW 1.5 million; and (d) used the key in a cre in the said warehouse, thereby taking the victim’s property into account the victim’s property.

B. On July 11, 2016, the Defendant: (a) stolen the victim’s property by driving a cargo vehicle with an amount of KRW 5 million equivalent to the market price owned by the victim, where the victim was loaded, using a key in the cret not in the said warehouse; and (b) using a key in which the victim was loaded with a cret in the said warehouse; and (c) by driving a cargo vehicle with an amount of KRW 5 million equivalent to KRW 21 million, the victim’s property was stolen.

2. As described in paragraph 1, when a victim C purchases the above cargo, the Defendant was in arrears to repay the principal and interest of the loan that he/she received in the name of the Defendant or the Defendant’s wife F from the financial institution each month, and thus, to the effect that he/she would not delay the repayment of the loan from the victim on July 25, 2015.

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