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(영문) 대구지방법원 김천지원 2017.09.21 2016고정435
사기등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

"2016 High 435, the Defendant, who is engaged in the medium-sized trading business, was requested to take a heavy measure on several occasions from the victim D who operates (ju) C on the 2nd floor of the building in Yeongdeungpo-gu Seoul Metropolitan Government, or leased the vehicle owned by the said company.

On March 2015, the Defendant received delivery from the victim D, who operates the said company, with the victim’s Eststren vehicle owned by the victim, and then sold the said vehicle to a third party around July 2015, and kept the sales proceeds of KRW 8 million, without returning it to the victim, and embezzled by voluntary consumption around that time.

Around August 2014, the Defendant entered into a contract for vehicle operation and business support (F, market price 18,700,000,000 won) with the Liber Co., Ltd., a Liber Co., Ltd., to receive a subsidy from the Liber Co., Ltd. Co., Ltd., and to pay part of the operating profits to the victim for vehicle operation. Around August 2014, the Defendant paid a deposit of KRW 3.5 million to the victim for the vehicle operation and business support (F, market price 18,70,000,000,000 won) and embezzled a deposit of KRW 5,00,000 from September 30, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement of the defendant in the interrogation protocol for the prosecution against the defendant (including D's statement) / The defendant acknowledged the defendant's arbitrary use of eight million won out of the sales proceeds of rocketing 2016 and 435 cases at the prosecutor's office for personal purposes without the consent of the victimized person)

1. The witness H and witness D’s legal statement [the Defendant] each of the rocketing vehicles of 2016 and 644 cases is “vehicle operation and work support.”

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