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(영문) 인천지방법원 2018.07.12 2017고합810

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is an operator of the D Co., Ltd. (hereinafter referred to as the “instant corporation”) located in Ansan-si Group B building C, and the victim E is the former operator of the instant corporation.

On February 9, 2017, the Defendant pretended to accept the said legal entity normally at the office of the instant legal entity, and concluded a contract in lieu of the Defendant’s acquisition of payment in full or in lieu of a payment in installments in the name of the debtor (hereinafter “instant contract”). The Defendant: (a) concluded a contract to accept payment in the amount of KRW 1.64 billion; (b) KRW 28 billion; and (c) KRW 1.432 billion in the amount of the corporate debt; (d) KRW 295 million in the amount of the corporate debt; and (e) KRW 9 major G, H, I, J, K, L, M, M, N, andO payment (830,937,994 won) in full or in lieu of a payment in installments in the name of the debtor (hereinafter “instant contract”).

However, at the time, the Defendant did not have any special property in bad credit, and even if he received the instant legal entity from the injured party, he did not have the intent or ability to normally take over the obligations of the legal entity and the obligation of the installments of the vehicle owned by the legal entity, and was thought to acquire only property profits by disposing of

Around February 9, 2017, the Defendant charged the Defendant with the market price of 500 million won or more at the market price of the instant vehicle owned by the instant corporation by deeming the market price of 920 million won or more from the damaged party. However, even considering the evidence, it is difficult to recognize such market price even after considering the evidence (the investigation report (in the case of the complainant E and the damage amount) submitted by the prosecutor is dismissed by the Defendant’s father’s consent): Provided, That the following circumstances acknowledged by evidence, namely, (i) the victim stated at an investigative agency that the total market price of the said vehicle 9 and P vehicle exceeds KRW 1,050,000 (22 pages of evidence record) and (ii) the remaining installment amount of the said nine vehicle at the time of the conclusion of the instant contract reaches the amount of KRW 830,937,94 (Evidence No. 1).