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(영문) 광주지방법원 순천지원 2018.02.02 2017고단920
사기
Text

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 920" is a person who runs a truck trade, a truck number plate and a cargo brokerage business license brokerage, mediation, etc., and the victim D is a corporation that runs a cargo transport business.

On February 2, 2016, while the defendant was considered as a problem of ordinary debts, he was asked by E, the representative of the victim to seek the number plate of the truck for business use.

On February 22, 2016, the Defendant received 10 million won from the damaged person to the Agricultural Cooperative Account in the name of F because he/she immediately sought vehicle number plates from E in an influent place at a time between South and North Korea on February 22, 2016, and continuously sought vehicle number plates around March 29, 2016, and received 32 million won from the damaged person to the post office account in the name of the Defendant.

However, in fact, the Defendant did not seek the number plate of the truck for business use at the time, and paid part of the personal debt 20 million won to G with money from the injured party, and was thought to be used as the purchase fund of the permit for the trucking transport business, which had been sought from H, and thus there was no intention or ability to seek the number plate of the truck for business use even if he received the purchase price from the injured party.

Accordingly, the Defendant, as seen above, was accused of the victim and received a total of KRW 42 million from the victim.

The defendant of "2017 Highest 1105" is a person who runs a truck trade, a truck number plate and a cargo brokerage business license brokerage, mediation, etc., and the victim I is a person who runs a cargo transport business.

On September 2016, when the defendant was considered as a problem of around 2016, the defendant transferred the right to permit the transportation of wastes to 12 million won upon the request of the injured party to seek one right to permit the transportation of wastes and two business rights for the transportation of wastes.

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