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(영문) 수원지방법원 2019.02.14 2018고단4134 (1)
사기
Text

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

Reasons

Punishment of the crime

[Judgment of the court below] The defendant and B are those who intend to build a ship, and C are those who operate a D agency and sell a ship engine.

【Criminal Facts】

The Defendant and B, and C concluded a loan contract with the content of setting up a collateral security right on the ship engine purchased with the victim’s employees, after receiving a loan from the victim F Co., Ltd. as the purchase price for the ship engine, and then seeking to purchase the fishery permit from the above loan. On March 22, 2016, B received a loan of KRW 150,000,000 from the victim’s employees to pay KRW 5,054,090 each month for 36 months after receiving a loan from the victim F Co., Ltd. as the purchase price for the ship engine.

However, in fact, the defendant, B, and C did not intend to purchase the vessel engine due to the loan granted from the victim and did not have the intent to pay each month installments.

As a result, the Defendant and B and C had conspiredd the victim and received a delivery of KRW 150 million around April 5, 2016 by deceiving the victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning B and C;

1. Statement by the prosecution against C;

1. The police statement concerning G;

1. A complaint filed by the F Stock Company;

1. Each investigation report (to be accompanied by documents to be submitted, such as telephone conversations for reference, file of a suspect B lending contract, submission of suspect B fishery permit, submission of statement of transactions of deposits and withdrawals by reference C, filing of application documents for fishery permit and fishery permit register with respect to suspect B, filing of application documents for fishery permit and files of fishery permit register

1. The application for a new car loan, an engine sales contract, a fishing vessel building permit, a certificate of a contract for a fish farming event, a monetary statement, and a single-discrimination interest and interest thereon;

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