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(영문) 대전지방법원 2017.07.21 2016고단2541 (1)

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months.

Reasons

Punishment of the crime

Defendant

On November 24, 2016, A was sentenced to three years for fraud, embezzlement, and the above judgment became final and conclusive on February 9, 2017.

Defendant

A made a contract to take over D Co., Ltd. in Ulsan Northern-gu from E to KRW 750,000,000, using the name of "C", and Defendant F worked as a director in-house according to the direction of Defendant A.

Defendant

A did not have the ability to pay 750 million won of the acquisition price of D Co., Ltd. and did not operate the D Co., Ltd. after acquisition of the company, but was a plan to receive a real estate mortgage loan, etc. using the company name.

After purchasing a vehicle with a vehicle security loan using the name of D Co., Ltd., the Defendants conspired to raise funds, such as corporate acquisition price, using the difference between the loan and the actual purchase price, and the disposal price immediately after purchasing the vehicle.

Defendant

F) On July 24, 2015, at D offices located in Ulsan-gu G, Ulsan-gu, Seoul-do, the F would pay the loan interest rate of KRW 134 million per bus purchase fund and not dispose of the vehicle at will, such as transfer, lease, etc. of the vehicle without the consent of the victim company, to the (ju) Y M, who purchases the large-scale large-scale bus from the D offices owned by H (State) I and 2 K, including K, owned by J, in the name of D shares. In other words, the F will pay the loan interest of KRW 134 million per bus purchase fund, and not dispose of the vehicle without the consent of the victim company until the installment payment is made.

2. The term “assumed.”

However, in fact, the Defendants were aimed at financing funds such as the acquisition price of the D Co., Ltd., and did not have the intent or ability to repay the loan principal with the benefit accrued from the operation of the vehicle.

Ultimately, the Defendants conspired in collusion with the victim company, deceiving the victim company as above, and obtain a total of KRW 134 million per vehicle from the victim company for the purpose of financing the purchase of the vehicle at around that time, and defraud it by deceiving KRW 268 million per vehicle, and owned N around July 27, 2015.