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(영문) 창원지방법원 2018.02.07 2017고단3777
사기등
Text

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

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

Reasons

Criminal facts

1. On December 6, 2016, the Defendant: (a) was an employee who was unaware of the name of the Victim Non-Korean Capital Co., Ltd. in the middle- and high-speed trading company located in the Jinhae-si, Changwon-si; and (b) borrowed KRW 35 million per month in the form of equal repayment of principal and interest between four years.

“............. Then, an application and a summary of the same purport were drawn up.

However, the Defendant did not have any income or property at the time, so even if he purchased the vehicle with the above loan, he did not have the intent or ability to repay the loan.

The defendant deceivings the victim as above and caused the victim company to pay 35 million won to the trading company of the second half of the same day, thereby gaining pecuniary profits equivalent to the amount.

2. On December 7, 2016, the Defendant: (a) registered the transfer of ownership of a passenger car purchased as stated in paragraph (1) around December 7, 2016 in the name of the Defendant; and (b) the victim created a mortgage on the claim value of KRW 17.5 million to a non-us capital company.

On February 2, 2017, the Defendant: (a) received KRW 13 million from a person related to a vehicle security-backed business entity, who was unaware of the trade name near the Gangwon-do casino located in Gangwon-gun, Gangwon-do; and (b) transferred the said vehicle to the Defendant.

Accordingly, the defendant concealed the defendant's goods, which are the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes of the Central and High Debate Agreement and the High and High Debate Agreement

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)

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