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(영문) 창원지방법원 2015.04.22 2014고단2901
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who engages in activities related to logistics transportation business.

1. Around March 2014, the Defendant: (a) requested the Victim C to purchase used freight cars; (b) transfer of number plates; (c) transfer of freight cars; (d) transfer of freight cars; and (e) purchase of freight cars; and (e) made a request for cargo vehicle security loan; and (e) decided to sell a car of 25 tons owned by D to the Victim.

On the other hand, the defendant and the victim provided the above truck as collateral and used the loan for various expenses, such as the purchase price of freight, the number transfer registration fee, etc.

Around March 28, 2014, the Defendant provided a high cargo vehicle as a security, caused a loan of KRW 49,480,000 from modern money society, and then transferred the loan to the Defendant’s Agricultural Cooperative (G) account with the Defendant used, and embezzled it for the Defendant’s personal debt repayment and business fund disbursement.

2. Although a person who intends to run a motor vehicle management business, such as motor vehicle transaction business in violation of the Motor Vehicle Management Act, must register with the competent authority, the Defendant, without registering with the competent authority, received 2% of the brokerage commission in relation to the motor vehicle transaction contract for D and C, as described in paragraph (1) of the said Article, from both sides, and arranged the said sales contract.

3. On August 14, 2013, the defrauded stated, “Around August 14, 2013, the Defendant: (a) was delegated the sale of I-owned J-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

However, in fact, despite the absence of the fixed receipt of delegation of sale of the above cargo vehicle from the L, which is the actual owner of the above vehicle, by K and K, the defendant belongs to the victim as above, and its affiliation is from the victim.

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