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(영문) 서울중앙지방법원 2016.12.14 2016고단3850

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 4, 2015, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment with prison labor at the District Court for fraud, and the judgment became final and conclusive on December 14 of the same year.

On December 30, 2014, the Defendant entered into a sales contract with the victim H(57 years of age) and the IMO as the actual operator of F Co., Ltd. for the purpose of dismantling structures, etc. at the same time as the actual operator of E Co., Ltd. (hereinafter referred to as “E”), and entered into a sales contract with the victim H(57 years of age) and the IMO as the E, after cancelling attachment established within two weeks from the date of the contract.

However, in fact, as of December 30, 2014, E was in arrears with the tax amount of KRW 459,945,360 as of December 30, 201, and with respect to KRW 15,300,000 among the tax in arrears, the head of Gangnam District Tax Office set up a mortgage on July 6, 2009 as to the above so-called so-called so-called so-called so-called “right to collateral security” on April 22, 2008 as to the debt amount of KRW 148,000,000 for Mari Capital, and there was a shortage of KRW 120,550,160 for E’s employees as well as the debt amount of KRW 41,00,000 for the so-called so-called so-called “E” on April 22, 2008.

Therefore, the Defendant was not only in a very difficult situation due to the foregoing debt, but also, even if the right to collateral security was established in the above mining season due to taxes in arrears, etc., it was thought that it was used by the victim as operating expenses of F operated by the Defendant even if the Defendant received the purchase price for the above mining season, and thus, there was no intention or ability to transfer full ownership to the victim by cancelling the above mining season’s collateral security and various seizures.

Nevertheless, the defendant deceivings the victim as above and belongs to it from the victim.