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(영문) 제주지방법원 2012.11.02 2012고단564
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around October 13, 2008, the Defendant took out a loan of KRW 151,040,000 from the victim Skyl wave Korea Co., Ltd. when purchasing C dump trucks under the Defendant’s name.

From December 5 to December 4, 2013 of the same year, the Defendant agreed to pay KRW 3,283,970 per month (the early 4,285,385 won) to the victim for 60 months from December 5, 2013, and concluded an installment contract. On October 20, 2008, the Defendant provided the victim with the above dump truck as security and set up a collateral security right equivalent to KRW 167,040,000 with the creditor as the victim.

On the other hand, the victim was ordered to commence an auction of construction machinery on March 16, 201 in order to secure the above dump trucks by exercising the security right in order to secure the obligation to pay back the amount of money.

Nevertheless, around April 12, 2011, the Defendant sent a dump truck to a person who was named in the dump truck at the same port of Jeju.

Accordingly, the defendant concealed the dump truck, which is the object of the victim's rights, and obstructed the victim's exercise of rights.

2. Around January of the same year, when the Defendant had a debt amounting to approximately KRW 600 million, the Defendant was in operation of D, and approximately KRW 140 million was required for vehicle repair costs due to a dump truck accident at the end of the same year, and as a dump truck was not paid due to a failure to conduct business during the repair period, the Defendant was in serious demand for payment from Scarf truck Korea Co., Ltd., which is a installment financing company.

On February 25, 2011, the Defendant concluded a construction machinery transfer contract with the victim F for G scarp trucks in the name of the Defendant with respect to G scarp trucks in the name of the Defendant on February 25, 201, and paid KRW 50 million in the name of the contract deposit, the attachment, provisional attachment, etc. on the construction machinery ledger is terminated, and the remainder was transferred while the Defendant agreed to receive the payment after resolving seizure, etc.

However, the defendant has property status.

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