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(영문) 창원지방법원 2017.02.10 2016고단3692

사기

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated a stock company E in Gangseo-gu Busan Metropolitan Government D, a company manufacturing livestock products.

On August 17, 2015, when entering into a contract for the transfer or acquisition of the above company with the victim F and the above company at the office E Co., Ltd. around August 17, 2015, the Defendant, as of July 24, 2014, took out a loan of KRW 50 million from the Busan Bank, and took out a debt, but without notifying the victim as to the existence of the above obligation, transferred all the assets including “85 million won,” including the shares and corporation owned by E, business licenses and assets, business licenses, business licenses and delivery contracts, lease deposit, etc.

“The phrase “ was false.”

As above, the Defendant: (a) by deceiving the victim as above; (b) received money from the victim as the price for taking over the victim; (c) received 10 million won around August 17, 2015 from the victim; (d) received a chickens of KRW 19.1 million around September 2015 as the intermediate payment; and (e) received a remittance of KRW 55.9 million around October 16, 2015, and received money from the victim to take over the property equivalent to KRW 85 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Determination as to the assertion of the Defendant and defense counsel on the balance certificate, written request for confirmation of the balance of the claim, written confirmation of the attempted balance, written confirmation of full payment confirmation, written inquiry of transaction details, inquiry of credit situation, transfer contract by legal entity, summary of security by borrower, inquiry of loan transaction details, each transaction details, identification of each transaction details, receipt, electronic invoice and defense counsel

1. The gist of the claim is that the Defendant notifies the father, etc. of the victim of the obligation to pay KRW 50 million to the Busan Bank of the Co., Ltd. (hereinafter “E”) prior to entering into the contract for the transfer of the corporation (hereinafter “the instant contract”) with the victim, and thus, the Defendant did not intend to deception.

2. The following circumstances, which are acknowledged by the evidence of the judgment, are ① the loans of this case before and after the contract of this case.