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(영문) 춘천지방법원 2013.11.14 2012고단1359
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 12, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a term of fraud, etc. at the Chuncheon District Court on December 12, 2012 and the said judgment became final and conclusive on December 21, 2012.

(2) On December 8, 2010, the Defendant purchased one Fworkst car in the name of E from the “D Automobile Trading Company” located in Switzerland-si, Turkey around December 8, 2010, and the Defendant agreed to obtain a loan of KRW 13 million from the victim by telephone conversations with the staff in charge of Solomon Savings Bank, the victim Co., Ltd., and having telephone conversations with the staff in charge of Solomon Savings Bank, the Defendant agreed to obtain a loan of KRW 13 million from the victim to 36 months in the name of E.

However, the defendant did not obtain the consent of the wife E in relation to the above purchase or loan, and there was no intention or ability to repay the loan.

As above, the Defendant, by deceiving the victim as above, had the victim pay the above loans of KRW 13 million to the said “D Motor Vehicle Sales Corporation” on the same day, thereby acquiring pecuniary profits equivalent to the said amount.

2013 Highest395

1. The Defendant is a person who, from November 25, 2010 to December 20, 2010, engaged in the business of removing earth and sand for farmland and collecting earth and sand for farmland at the construction site of the gathering of earth and sand for farmland from the Plaintiff’s Hongcheon-gun G forests and fields to the Plaintiff’s gathering of earth and sand for farmland.

On November 25, 2010, the Defendant collected earth and sand for farmland from the J office located in Chuncheon-si I, 2010 between the victim and the Defendant, sold earth and sand to neighboring props, deposited the sales proceeds of earth and sand into the account in the name of "K" in the name of the victim management, and agreed to settle the victim and its profits around July 2012.

The Defendant collected soil and sand for farmland with 15 tons of dump trucks from November 25, 2010 to December 20, 2010, and collected approximately 1,500 dump trucks from 15 tons of farmland, and on December 6, 2010, the Defendant sold sand to M in Hongcheon-gun L to obtain KRW 12 million for soil and sand from M, and received them as “K” for the victim’s operation.

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