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(영문) 전주지방법원 군산지원 2020.04.27 2019고단1857

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

A. A considerable portion of taxes in arrears, Defendant’s employees, payment of wages, payment of credit to the other transaction partner, living expenses, etc. In such a situation, it was difficult for Defendant’s business entity to pay taxes to the other transaction partner to the extent that the tax is delinquent, and the other transaction partner’s credit was paid to the other transaction partner. Moreover, even if there was no particular property or income, it purchased equipment from the victim and lent it, and there was no intention or ability to pay the funds to the victim at the time of the agreement.

Nevertheless, the Defendant, by deceiving the victim as above, received 130 million won from the victim to the F bank account (G) in the name of the Defendant on the same day, and acquired it as the borrowed money.

2. Around March 7, 2018, the Defendant: (a) sold 80 containers owned by the Defendant to the victim; (b) lent 80 containers sold to another person; and (c) borrowed 80 containers sold to another person; and (d) paid the leased proceeds to the victim; (b) the Defendant, at his/her own discretion, agreed not to transfer the container or provide it as security or establish a pledge right on the container.

While the Defendant kept 80 containers on behalf of the victim under the aforementioned contract, he/she had the intent to sell the container at will or offer it as security without permission from the victim, and had the price used as living expenses, etc. around August 2018, he/she delivered six of the above container to the name-free persons who run the company "I", the creditor of the Defendant, as security, and delivered 38 out of the above container to the name-free persons from March 7, 2018 to December 29, 2018 by selling 38 out of the container or providing it as security.