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(영문) 춘천지방법원 강릉지원 2019.06.13 2018고단501
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around January 23, 2014, the Defendant obtained ownership by borrowing KRW 16,500,000 from the victim D Co., Ltd. at the original location C, the Defendant: (a) purchased the same freight from the victim D Co., Ltd.; (b) on the 28th day of the same month; and (c) on the 28th day of the same month, established a mortgage on KRW 16,50,000 on the above freight to the victim; and (d) on October 2014, the Defendant: (a) on the part of the victim, on the part of the Plaintiff, was unable to discover the location of the freight by delivering the freight after receiving KRW 7 million from the person who was not aware of the name; and (b) on the part of the North D Co., Ltd.,

As a result, the defendant concealed cargo vehicles which are the object of the victim's rights and obstructed the victim's exercise of rights.

2. On November 24, 2017, the Defendant: (a) called, “The owner of a dry field located in Gangseo-si G, which would sell a distribution trend in dry field to KRW 2 million” by leaving a phone to the victim F.

However, the defendant is not the owner of dry field, and even if he received the sales proceeds from dry field, he did not have intention or ability to commemorate the victim.

The Defendant, as above, made a false statement to the victim, and transferred KRW 2 million to the post office account (H) under the name of the Defendant on the same day to the victim, but did not look at the victim.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to the sales proceeds of the ship.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each complaint;

1. The statement made by I to supplement the complaint;

1. Details of each bankbook;

1. Application of a copy of the written application for capital, a copy of the assignment of claims and the notification of consignment (1st), a copy of the register of automobiles (E), and a copy of the highest statute on the exercise of mortgage on automobiles;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The aggravated Criminal Act for concurrent crimes.

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