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(영문) 의정부지방법원 고양지원 2016.08.26 2014고단2210
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 10, 2011, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was released on February 29, 2012 and the parole period passed on July 9, 2012.

【2014 Highest 2210】

1. On May 3, 2013, the Defendant was granted a loan on the condition that the Defendant would make a monthly payment of KRW 49 million from the victim (ju) SP Capital at KRW 1,541,138 at KRW 48,000,000,000,000,000,000,000 from around 48,000,000,000,000,000,000,000 48,000,000,000,000,000,000,000,000,000.

However, at that time, the Defendant did not have certain revenues or assets, while there was no intention or ability to repay according to the agreement, even if he borrowed money under the above conditions, since he thought that he provided the said car as collateral for transfer to the bond company and provided it as a collateral to the bond company, and he did not have any intent or ability to repay the money.

The Defendant, as such, by deceiving the victim, was given KRW 49 million as a loan from the victim.

【2015 order 935】

2. On April 27, 2012, the Defendant entered into a car rental contract with the victim D Co., Ltd. (hereinafter “E”) and FM5 automobiles from May 18, 2012 to May 17, 2015, and received the said vehicle on May 18, 2012.

However, on December 18, 2012, the Defendant rejected the return of the said car worth KRW 17,700,000, which was kept for the victim, even though the injured party terminated the said car rental contract on the ground of the Defendant’s delinquency in paying the rental fee, and the Defendant demanded the Defendant to return the car.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

【2014 Highest 2210】

1. Partial statement of the defendant;

1. The trial records are in the third trial records;

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