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(영문) 의정부지방법원 고양지원 2016.09.22 2015고단2435

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2015 Highest 2435] Defendant 2 was liable for the amount of KRW 2.1 billion in the process of purchasing the above site and constructing the factory in the name of “D” by constructing a gold-manufacturing business factory in Gyeyang-gu Seoul Metropolitan City.

On November 2013, 2013, the Defendant ordered the victim E to take equipment necessary for the operation of a factory at the office of the above company, which is a facility necessary for the operation of the factory. The Defendant had no property, and was already liable for the debt equivalent to 2.1 billion won, and was granted a loan from the financial institution as security at the above factory.

Even though it was known that the victim could not pay the machinery cost, the victim made a false statement that "I would receive a loan after the completion of the main factory after the completion of the construction of the main factory, and pay the machinery cost by the loan," which was obtained from the victim, and obtained two stms equivalent to the total market price of KRW 44,550,000 from the victim on November 1, 2013 and January 2014.

[2016 Highest 543] The Defendant has been sentenced to a suspended sentence of two years on October 13, 2006 by the Seoul Western District Court for a crime of violation of road traffic law (dacting driving), and on November 1, 2007, by the Seoul Northern District Court for the same crime, the Defendant has been sentenced to a suspended sentence of two years on June.

[2] On February 24, 2016, the Defendant driven a Fra vehicle under the influence of alcohol at a distance of about 10km from 0.070% in alcohol level to the front of the oil station in the same Dong due to the unification in the vicinity of Gyeyang-gu, Seoyang-gu, Seoyang-gu, Busan to the front of the oil station.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

[2016 Highest 872] The Defendant is the actual representative of D (ju) D, and the Defendant paid the advance payment for the scrap metal to the Victim G, a scrap metal business operator, at the above company office located in Gyeyang-gu, Young-gu, Seoyang-gu, Hongyang-gu, 2014 in June 201.