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(영문) 대구지방법원 2018.06.21 2016고단6711

사기등

Text

Defendant

A In the 8th month of imprisonment with prison labor for fraud, each violation of the Illegal Check Control Act is committed.

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of 2014 on August 6, 2014 by imprisonment with prison labor for 8 months at the Daegu District Court Port Branch on August 6, 2014, and the judgment became final and conclusive on August 14, 2014.

[2] The Defendant borrowed a total of KRW 147 million from the victim D, including KRW 67 million around November 4, 2013, and KRW 80 million around November 6, 2013. Around November 6, 2013, the Defendant created a right to collateral security with a total of KRW 147 million in the name of the Defendant E and the Defendant’s seat, one half of which are registered in the name of the Defendant’s child E and the Defendant’s land G (hereinafter “instant land”) in the name of the Defendant’s seat-dong, Chungcheongnam-dong, Seoul Special Metropolitan City (hereinafter “instant land”).

Of that, the Defendant sold the instant land on December 2013, and used the proceeds therefrom as the operating fund of the said B farming association, and the victim D was determined as a “person eligible for H support” and became a person eligible for support for government policy funds, so the Korea Technology Finance Corporation should obtain a guarantee from the Korea Technology Finance Corporation. It is difficult to implement a loan on the instant land.

On the face of termination of the right to collateral security, the government policy funds were received again to set up the right to collateral security or to repay the money with the government policy funds.

However, the Defendant, at the time of termination of the right to collateral security, was able to sell the instant land without delay and use it as repayment of loans to I bank, construction cost of factory, and credit payment to transaction parties. At the time, the Defendant was unable to pay the amount equivalent to KRW 200 million of delinquent taxes on November 201, 2013. In addition, around November 19, 2013, the Defendant had not been able to obtain a guarantee from the Korea Technology Finance Corporation and the Korea Technology Finance Corporation on the ground that the Defendant had not been able to obtain a guarantee for payment of national taxes at the place of business of B farming association around November 19, 2013.