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(영문) 대구지방법원 서부지원 2019.05.29 2018고단1697
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has operated the “C” established for the purpose of metal treatment manufacturing business, etc. in Yong-nam Cancer B.

On March 11, 2016, the Defendant entered into a contract for corporate facility division loan with a person in charge of the victim company loan business who borrowed KRW 230,00,000,00 on the condition of providing seven machinery and equipment owned by the Defendant at a branch of the CE Bank in Yong-Nam AD (a half-do string, robbery measuring machine, CO2 raber cutting machine, flaser cutting machine, rabsor unit, modern string).

However, it is true that the defendant purchased CO2 Racer, which was appraised as KRW 159,200,000 among the 7 machinery and instruments as above, which the defendant offered as security, by entering into a lease contract from the LAF on February 4, 2016, and the ownership was in the KAF, and the ownership was appraised as KRW 19,578,000, by entering into a lease contract with the GAF on November 25, 2015, and the ownership was purchased by the defendant after entering into a lease contract with the GAF and the ownership was in the GA resolution. Thus, even if the defendant did not repay the loan at once, the victim company was unable to exercise the security right.

Nevertheless, the Defendant: (a) committed the act of hiding the foregoing facts as if the said CO2 Raber cutting and flaz cutting machines were owned by the Defendant; (b) applied for a corporate facility division loan to the victim company on March 11, 2016; and (c) received KRW 230,000,000 from the victim company on the pretext of the loan; and (d) obtained the above CO2 Raber cutting and flama cutting machines from the above CO8,778,00 won on the basis of the appraised amount of KRW 178,78,00.

Accordingly, the defendant deceivings the victim company and acquired a total of KRW 178,778,00.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Investigation Report (C present operators telephone communications);

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