(영문) 대전지방법원천안지원 2020.10.20 2020고단583

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Reasons

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자간(%)

(영문) 대전지방법원천안지원 2020.10.20 2020고단583

사기등

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was in custody of the 4.5 tons of the 4.5 tons of the 4.5 tons of the 4.5 tons of the 4.5 tons of the 4.5 tons of the d4.5 tons of the 4.5 tons of the 4.

1. Around February 2018, the Defendant made a false statement that “The Defendant purchased a cargo vehicle at KRW 4.5 tons in total with KRW 20 million in prime page and then divided profits by selling it,” to the victim at the F Office in the F Office of the Defendant’s management of the Defendant located in Asia-si, Asan-si.”

However, even if the defendant receives money from the victim, he was thought to use it for the purpose of the company operation fund, etc., but he purchased the cargo vehicle and did not have the intention or ability to pay the proceeds to the victim.

On February 14, 2018, the Defendant acquired KRW 20 million from the victim and acquired it by deceit.

2. As above, the Defendant in breach of trust was entrusted by the victim to dispose of the above cargo vehicle and was in custody of the above cargo vehicle. Thus, until the above cargo vehicle is sold, the above cargo vehicle should be preserved, and without the consent of the victim, the above cargo vehicle should not be transferred arbitrarily to the Defendant in order to pay his/her personal debt.

Nevertheless, around December 14, 2018, the Defendant stated the Defendant’s claim amounting to KRW 19 million in the H’s indictment as “I” in the instant indictment, the representative of the State (State)G, which held the claim amounting to KRW 19 million. However, according to the evidence of the judgment, this is obvious that it is a clerical error of H’s “H”

In order to have the above debt repaid by the obligor, the obligor acquired the financial profit equivalent to KRW 18 million by transferring the above cargo vehicle in the name of the State in order to pay the above debt in violation of the above duty, and caused the damage equivalent to the same amount to the victim.

Summary of Evidence

1. The Defendant’s respective legal statements of the witness B and H.

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