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(영문) 수원지방법원 성남지원 2015.04.28 2014고단2757
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the business of delivering goods of the Geum River Logistics Co., Ltd. by operating the freezing train from August 2013 to February 2014, as the land owner of the Korea marbling and freezing truck (hereinafter “instant freezing truck”), and from August 2013 to February 2014.

On February 6, 2014, the Defendant reported an Internet advertisement to the victim D, who found that “The instant freezing tower is currently distributed from Jincheon to Daegu for 22 days in the month of the present month of the goods of Geum River Goods, and can be immediately put into work after an interview with the Geum River Goods Distribution Co., Ltd., which may be immediately put into work,” and “The original Administration is the Geum River Goods Distribution Co., Ltd., and the Borrower and the Borrower will be able to fluorly put into work after an interview.”

However, there was no consent from the Defendant to replace the borrower of the instant freezing train from the Geum River Logistics Co., Ltd.

As above, the Defendant deceptioned the victim, sold the freezing truck of this case, and received total of KRW 66 million from the date and time to February 27, 2014 from the victim as the purchase price.

Summary of Evidence

1. Partial statement of the defendant;

2. Witnesses D and E's respective legal statements;

3. Partial statement of witness F in the court;

4. Transfer certificates, notices posted for sale of G-vehicles, details of account transfer and receipt;

5. The application of Acts and subordinate statutes to recording records;

1. Although the Defendant’s assertion of the Defendant’s choice of imprisonment under Article 347(1) of the relevant criminal law regarding criminal facts, it was true that the Defendant sold the instant freezing truck to the victim without the prior consent of E, a person in charge of Geum River Logistics, who is a stock company, but the Defendant, from the above E, sold the instant freezing truck by placing the H delivery service only when intending to control the F (hereinafter “the instant delivery service”).

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