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(영문) 의정부지방법원 고양지원 2016.03.25 2014고단1761

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

【2014 order 1761】

1. The defrauded against the victim E is the actual operator of G Co., Ltd. (hereinafter “G”) established for the purpose of manufacturing and wholesale of phrases and paper in F at the time of Pakistan.

On May 2012, when a victim E wishes to be supplied with a branch of G, the Defendant: (a) received a branch of G from H Co., Ltd. (hereinafter “H”) to receive a branch of G to supply the branch of G to the victim; and (b) received a branch of G to increase sales.

To do so, real estate should be provided as security to H.

As security, real estate was supplied with H from the high seas of the high seas, and it was called that it will be supplied to the victims.

However, at the time of fact, G was liable for the payment of approximately KRW 60 million, while it was difficult to take financial circumstances due to the failure to recover the price of the goods, and due to the absence of any specific assets, G was in a crisis, so even if the victim provided real estate as security to H, he did not have the intent or ability to supply the goods to the victim.

Nevertheless, on May 21, 2012, the Defendant: (a) made the victim make a false statement; and (b) caused the victim to set up a right to collateral security (1321) with respect to the I-Si building 1321 that is the victim and owned by the victim, G, creditors, and the maximum amount of the claim amount, which is KRW 100 million; and (c) acquired pecuniary benefits equivalent to that amount.

【2014 Highest 3166】

2. From June 2, 2011, the Defendant violated the Illegal Number of Check Control Act: (a) concluded a check contract with a branch of a national bank in the name of J representative Director K, and has traded the check in the current account.

In collusion with the above K and its name to issue the check check, the Defendant issued one copy of the check number N, check amount to KRW 20 million, the issue date to November 3, 2012 under the name of K representative director of the JJ on July 24, 2012, and the check above.