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(영문) 인천지방법원 부천지원 2017.11.08 2017고정903

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On October 29, 2015, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for fraud, etc. at the Incheon District Court Branch Branch of the Incheon District Court, and the above judgment became final and conclusive on November 6 of the same year.

[Criminal facts]

1. On March 10, 2013, the Defendant: (a) drafted a certificate of guarantee that C Co., Ltd. run by the Defendant guaranteed the Defendant’s obligation of KRW 90,000,000 to D Victim E; and (b) on February 10, 2014, the victim was issued a seizure and collection order with respect to each deposit claim against C Co., Ltd., Ltd., Korea Bank, Korea Bank, Han Bank, Han Bank, and Korea Foreign Exchange Bank by the Incheon District Court Decision No. 1967, Feb. 18, 2014, “C Co., Ltd. shall pay KRW 90,00,00 to the victim’s guaranteed obligation; and (c) issued a seizure and collection order with respect to each deposit claim against D, Korea Bank, Han Bank, and Korea Exchange Bank.

On April 2014, the Defendant is doing business with a large amount of money to the victim.

On June 5, 2014, the lower court made a false statement to “The release of attachment”.

However, even if the damaged person releases the attachment, the defendant did not have the intention or ability to repay the obligation to the injured person.

On May 2, 2014, the Defendant had the injured party remove the attachment of the claim claim amounting to KRW 90,000,000 against the property of the C Co., Ltd., as above, in the Busan District Court Branch Branch of the Incheon District Court located in 129 on May 2, 2014.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On March 2013, the Defendant prepared and executed a bond to guarantee the payment as above to the victim. On February 10, 2014, the victim was subject to the above judgment in the Incheon District Court Branch Branch Branch of the Incheon District Court, and on January 21, 2015, by ruling No. 638, the Defendant issued a deposit return claim against the C Co., Ltd.’s national bank, new bank, Nonghyup Bank, Korea Exchange Bank, Korea Bank, Industrial Bank of Korea, and Han Bank.