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(영문) 창원지방법원 2018.12.12 2017고단3305
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, around December 7, 2016, transferred “20,0200,000 won to the victim D and transferred the E7 tons owned by the owner of the Jeju-do.” The Defendant, at the C office located in Kimhae-si B around December 7, 2016, transferred to the victim D with “20,020,000 won to the owner of the Jeju-do.”

“A false representation was made.”

However, in fact, since the above owner of the above forkive owner was F, and the defendant was merely a person entrusted with the lease or the sale from F, the defendant paid the purchase price of the forkive owner to F, and the defendant could register the transfer of the forkive owner to the victim. However, even if the defendant was paid 20,200,000 won from the injured party, he did not wish or have the ability to register the transfer of the forkive owner to F by delivering the price from the damaged person to F.

Nevertheless, on December 7, 2016, the defendant deceivings the victim as above and transferred 20 million won to G bank account in the name of the victim to the victim.

On August 31, 2015, the Defendant: (a) borrowed KRW 70 million from the victim J Co., Ltd. at around 2015, the Defendant: (b) around 2017, at around 31, 2015, at the office of Kimnam-si, Kimhae-si; and (c) at the victim J Co., Ltd., the Defendant created a mortgage of KRW 70 million in the value of the claim on the part of the said I-owned K16 tons; and (d) managed and used the said vehicle;

9.9. Around December 201, an additional loan of KRW 30 million from the injured company was granted by the injured company, and a mortgage of KRW 4.5 tons of L4.5 tons of L and M (Gu N) was established for the above I-owned L and KRW 2.5 tons of credit amount, and the defendant was unable to pay the loan principal from June 2016 while managing and using the above I-owned L, and the injured party was likely to voluntarily sell the above for the above for the above for the above for the above for the first time, without notifying the injured party of the fact that the injured party could not sell the above for the first time around December 2016.

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