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(영문) 대전지방법원 2017.08.18 2017고단2237
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 29, 2016, the Defendant entered into an agreement on the re-loan agreement with the victim in order to set up a collateral security right of KRW 42,00,000 on the part of the above work, on condition that the collateral security right of KRW 1,31,636 is set up in the middle-gu Incheon, Jung-gu Office for the purpose of purchasing the purchase fund of the B tax-in complaint vehicle (private bridge car). The Defendant entered into an agreement on the re-loan agreement with the victim in order to secure the effectiveness capital and KRW 60,000 per annum, 11.9% per annum, and the installment period of KRW 60,000 per annum, 60,000 per month, and 1,331,636 per annum.

However, at the time, the Defendant did not have any intention or ability to pay the principal and interest properly, such as the agreement, even if he did not pay the principal and interest of KRW 60,000,000,000, and did not pay the principal and interest of KRW 60,000,000,000, and he did not receive a loan from the victim company.

Nevertheless, Defendant deceiving the victim company as above and caused the victim company to pay KRW 40 million for the purchase price of the above work vehicle to the victim company. On April 29, 2016, Defendant acquired KRW 60 million in total by deceiving the victim company to the Defendant’s national bank account.

2. The Defendant: (a) entered into a loan agreement with a victim-related Lyunsung Co., Ltd. in the same date and place as set forth in paragraph (1); and (b) around May 12, 2016, the Defendant set up a right to collateral security of KRW 42 million against the victim company at the same time and place on May 12, 2016.

After that, on January 17, 2017, the Defendant received a notice of termination of the contract from the victim company due to the loss of the benefit of time due to the overdue payment, and received a request for delivery of the above work vehicle on January 19, 2017, but already delivered the above work vehicle by borrowing KRW 7 million from another credit.

Accordingly, the Defendant concealed the work vehicle owned by the Defendant, which was the object of another person's right, and obstructed the exercise of rights by the victim company.

Summary of Evidence

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