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(영문) 대구지방법원 서부지원 2017.12.01 2015고단2118 (1)

사기등

Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

The Defendant of “2015 Highest 2118” is a person who was the representative director of the Daegu-gu Office of Bedcing and Manufacturing Business (ju) G from August 2013 to March 2015.

On November 18, 2013, the Defendant obtained a loan of KRW 100 million from the Daegu Bank in order to raise the operating funds of the said company from the victim (the State) Daegu Bank, the Defendant set up a collateral security right of KRW 120,000,000,000 for the total amount of the claim against the eight of the machinery, including the original Hing Machinery (New Machinery) kept by the Defendant at the Defendant Company.

However, the fact was that the Plaintiff had already provided as collateral for the transfer of the following: (a) the Plaintiff had been well aware of this fact from H; and (b) around June 27, 2013, at the time of filing a claim for extradition of movable property against the Defendant. In such a case, the Defendant had a duty to inform the Defendant of the fact that he had already provided as collateral for the transfer of the said non-manufacturing machine to another person.

Nevertheless, the Defendant did not notify the victim of the fact that the above machines had already been transferred as security, and by deceiving the injured party as if he could exercise a full mortgage over the above machines, and received KRW 100 million from the injured party as a loan.

The defendant of "2016 Highest 2182" is the representative of K in Daegu-gu JJ Co., Ltd. who operates textile products manufacturing business.

The Defendant, from October 9, 2015 to February 13, 2016, did not pay KRW 540,000 of retired workers L, who worked in the said company and retired workers, within 14 days from the date of retirement, without agreement on the extension of the payment deadline between the parties.

Defendant A, “2016 Highest 2542,” manufactures and sells bedclothes in Daegu-gu F.