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(영문) 수원지방법원 2017.09.08 2015고단3856
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

1. The Defendant interfering with exercise of rights is the owner of D 25.5 tons dump trucks.

On July 11, 2013, the Defendant borrowed KRW 13,370,000 on the condition that the principal and interest necessary to purchase the said dump truck be repaid in installments for 60 months from the victim’s second gyp truck company (hereinafter “victim company”) at the F office located in the wife E. On July 11, 201, the Defendant agreed not to arbitrarily dispose of the said dump truck without the consent of the victimized company until the said installment is fully repaid, and created a mortgage on the said dump truck as of the 19th day of the same month by the victim company, the mortgagee, the debtor, the debtor, and the value of the claim amount of KRW 1696,00,000.

Nevertheless, on July 2014, when the remainder of the above borrowed loan remains at least KRW 100 million, the Defendant transferred the same dump truck to the party who was not aware of the location of the victim without the consent of the victimized company, and thereby interfered with the Defendant’s exercise of rights by concealing the above dump truck which was the object of the mortgage of the victimized company.

2. When the accused was aware of the fact that his/her father and wife G applied for the crew examination for Asia or aviation, he/she has worked as the master of Asia or aviation.

The author tried to obtain money by fraud in the name of expenses and compensation for passing the above crew examination.

A. On January 201, 2014, the Defendant: (a) through the victim’s Ha, who was the birth of the victim, the Defendant: (b) deemed that I, who was a son working as a regular manager for Asia or aviation, was able to request the upper person to pass the interview; and (c) I provided the upper person who participated in the interview.

A false statement was made to mean that meal expenses amounting to KRW 500,000.

However, the facts were that I did not work for Asia or aviation, and the defendant was well aware of this fact, and others.

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