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(영문) 서울남부지방법원 2014.02.06 2013고단4153

사기

Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at Seoul Southern District Court on August 21, 201, and the said judgment became final and conclusive on December 21, 2013.

(1)The Defendant, as the representative director of E, has extended the due date for the obligation by delivering to the victim D a promissory note or the shares per share as collateral and borrowing money from the victim D in 2003 to the delivery of a new promissory note or shares per share, the due date for which payment has been extended.

1. On October 30, 2005, the Defendant issued one copy of the check number G, par value KRW 100,000,000, and issuance date as of November 30, 2005 and issued one copy of the check number as of November 30, 2005, and issued 100,000 won of the F Building 1212 of the Gangnam-gu Seoul Metropolitan Government F Building, which the Defendant borrowed to the victim, and made a false statement to have money repaid on the date of the payment of the check whose maturity has been extended.

However, in fact, the defendant had no intention or ability to pay his/her obligation even if he/she is extended the due date for payment of the obligation from the victim because the financial difficulties of the company operated at the time were serious, and there was no financial situation such as the worker's wage and retirement allowance, and there was a debt of several billion won.

Accordingly, the Defendant, by deceiving the victim as such, obtained property benefits by delaying the performance of the obligation of 100 million won from the victim.

2. On November 20, 2005, the Defendant issued the check number H, face value of KRW 50,000,000, and the date of issuance of the check number as of November 20, 2005 as revised on December 20, 2005, and issued the check number of KRW 50,000,00,00, at the same place as before and after the victim borrowed from the victim, and the Defendant made a false statement to pay money on the date of payment of the check whose maturity has been extended.

However, the fact is that the defendant is extended the maturity of the obligation from the victim because the economic situation was not good for the reasons such as the preceding paragraph.

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