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(영문) 대전지방법원 2017.01.18 2016고단1159
사기등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

On March 27, 2013, the Defendant borrowed the name of (State)C and received a purchase price of KRW 65 million from 200,000 from 65,000,000 from 10.0, the Defendant set up a right to collateral security on (State) 20,000,000 from 10,000 won from 20,000 won.

On October 2013, the Defendant used a letter of waiver of the equipment for the so-called so-called “the so-called “the so-called “the so-called” in this case, which was possessed by the representative E of the (State)C, sold to the middle equipment seller at KRW 32 million and was unable to identify the whereabouts of the so-called “the so-called” in this case.

As a result, the Defendant sold and concealed the so-called “the instant so-called “the instant so-called “the instant so-called a collateral for two capitals”, thereby hindering the exercise of the right by two capitals.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. Construction machinery registration certificate (the Defendant sold the instant excavation search machine to a third party, but there was no perception of illegality that his act interfered with the victim's exercise of rights.

However, in light of the fact that the Defendant purchased the instant digging machine and received a loan from the injured party, and provided the injured party with the right to set up the right to set up the right to set up the instant digging machine, and that the Defendant sold the instant digging machine to a third party before the repayment of the loan, the Defendant believed that his act does not constitute a crime.

Even if there is a justifiable reason for the mistake.

Therefore, we cannot accept the argument on this issue.

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62(1) of the Criminal Act of the suspended execution (in accordance with the agreement with C, the remaining installments of the refacing machine of this case was paid in C in accordance with the agreement with C), and as at the time when the defendant sells the refacing machine of this case to a third party, C shall enter into an agreement with the defendant.

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