사기
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Punishment of the crime
[2014 Highest 444] On November 2013, 2013, the Defendant called “(1) Dokchi Manufacturing Factory Co., Ltd.”, “The Dokchi Manufacturing Factory Co., Ltd. was supplied on credit until the loan was made,” by phoneing the staff or directly to the victim E at the (1) Do office operated by the Defendant, which was operated by the Defendant at the Seocho-si Si of Seocho-si.
However, in fact, the Defendant was in a bad credit position due to tax in arrears at the time, and the Defendant acquired the aforesaid kimchi factory with debt equivalent to KRW 00 million at the same time, and was insufficient to use the loanable money from financial institutions as corporate operating funds, such as repayment of the above debt and payment of wages, etc., and it is unclear whether the additional loan can be received, so there was no intention or ability to pay the loan even if it is supplied by the victim.
Around November 16, 2013, the Defendant supplied 62,591,200 won in total among the 15 times from around that time to January 22, 2014, along with the fact that the Defendant was supplied 6,600 km equivalent to the market price of KRW 2,508,00 at the market price of KRW 2,50,00.
Accordingly, the defendant was given property to the victim by deceiving the victim.
The defendant of "2014 Highest 536" is a person who, around October 2, 2013, takes over all of the business and facilities and all of the liabilities of G, Inc., Ltd., located in the Seocho-siF, and operates a kimchi manufacturing factory in the name of the representative of H, his/her father, in the same place, under the name of D.
However, at the time of the above transfer, the above G is a situation in which the maximum debt amount was accumulated due to the establishment of a collateral security right of KRW 3.4 billion with respect to the above F land and above-ground factory buildings, etc., and the existence of a claim amount of KRW 400 million with respect to the seized claim, etc., and the obligation was accumulated.