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(영문) 창원지방법원 진주지원 2016.06.29 2015고단1022
사기등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 102]

1. On July 22, 2013, the Defendant, in breach of trust against the victim C, borrowed KRW 50 million from the victim C to the notary public E office located in Jinju-si around July 2, 2013, and agreed to repay the debt up to October 20, 2013. Since CNC SKT-21 team owned by the Defendant as collateral was transferred to the victim, the Defendant had a duty to faithfully manage the said collateral so that the purpose of the collateral can be achieved.

Nevertheless, on March 2014, the Defendant received 30 million won per unit and disposed of the said security at a company G, which was located in Jinju-si F, from an online site, at a company G, which was located in Jinju-si, and became aware of through its website.

As a result, the Defendant acquired pecuniary benefits equivalent to KRW 50 million in violation of the above duties, and caused the victim to suffer pecuniary losses equivalent to the same amount.

2. On September 24, 2013, the Defendant, in breach of trust against the victim H, committed a duty to faithfully manage the said security by borrowing KRW 31.5 million from the victim H at a law firm judicial office located in Jinju-si around September 24, 2013, to repay the Defendant’s debt up to December 31, 2013, and to transfer the CNC SKT-21 modern CNT-21 modern CNC-1 modern CNCK-21, and 75 U.S., as the Defendant provided it as security to the victim. Thus, the Defendant had a duty to faithfully manage the said security so as to achieve the purpose of the security.

Nevertheless, on March 2014, the Defendant received 30,000,000 won from 12,000 won from 12,000 won from 10,000 won from 30,000 won from 10,000 won from 10,000 won from 10,000 won from 20,000 won from 10,000 won from 20,000 won from 20,000 won from 20,000 won from 20,000 won

As a result, the Defendant violated the above duties, thereby acquiring pecuniary benefits equivalent to KRW 31.5 million and causing damages equivalent to the same amount to the victim.

3. On January 23, 2014, the criminal defendant against the victim K calls the victim K at a light place.

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