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(영문) 울산지방법원 2014.10.02 2013고단3940
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 “D” was a person who operated a motor vehicle component processing company in Gyeyang-si, Chungcheongnam-si, Chungcheongnam-do.

1. From the above D, the Defendant borrowed 156 million won from the Industrial Bank of Korea on July 22, 2010, around September 2, 2010; 23 million won on September 2, 2010; and 218.5 billion won on March 8, 201, in order to secure the repayment of the above borrowed amount, the Defendant provided the victim with CNC Turnigs equivalent to KRW 156 million on July 22, 2010; and around September 16, 2010, at the market price of KRW 23 million on September 16, 2010, as a total of KRW 200,000,000,000 to the victims as security for transfer.

Accordingly, even though the defendant has a duty to preserve the above machinery as a collateral for the victim until the full repayment of the above loan amount, the defendant violated his duty and transferred 150 million won in cash to the "E" located in Daegu on March 26, 2012 and charged the amount of property damages equivalent to 21850,000 won since the prosecutor's office sold 6 parts of the machinery which was first offered as a collateral for transfer to all the six parts of the machinery which was first offered as a collateral for transfer. However, since the part of the Auto Chuk was excluded, it is reasonable to view this part of the property damages amount as KRW 156,00,00,000,000, which is equivalent to the market price of the CNC Turdig Cr's 4 unit (the third trial record).

The victims acquired a considerable amount of financial gains and caused a considerable amount of financial loss.

2. On October 20, 2011, the Defendant concealed the establishment of security by means of transfer to a personnel in charge of the victim Filisung Capital Co., Ltd. in the foregoing D, and concluded a false statement that “The Defendant would sell four of the CNC Line machines to 72 million won,” and again, the Defendant concluded that “The CNC Line machines will be sold to 72 million won, with monthly rent of 2.52,898 won, and the installment period of 36 months on condition that the lease was paid.”

However, the above CNC Line 4 was already offered as a security for transfer, such as the entry in Paragraph 1, and the defendant was at the time of the above factory.

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