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(영문) 광주지방법원 2018.01.24 2016고단5036

사기

Text

The punishment against the Defendants shall be prescribed by a fine of five million won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. Defendant A is the representative director in the name of Company G located in Seo-gu, Seo-gu, Gwangju, and Defendant B is the actual operator of the said G, who is a pro-friendly relationship with Defendant A.

On November 8, 2013, the Defendants provided seven parcels, including 65 square meters, M 1,547 square meters, N 26 square meters, P 9 square meters, Q 16 square meters, Q 9 square meters, Q 16 square meters, 40 square meters, and R 7 square meters, which were located in the five floors of the Seo-gu, Seo-gu, Seo-gu, Gwangju Metropolitan City, Inc., the victim company’s employees J., with the registration of transfer of ownership from L, a stock company’s employees. The Defendants made a false statement to the effect that “The land is located in the name of G, and any problem arises,” to the effect that “the land is loaned as security.”

However, among the land provided as security by the Defendants, the Defendants received the registration of transfer of ownership by forging the real estate transaction agreement between L and Defendant A with respect to the land of 87 square meters in Seo-gu, Seo-gu, Gwangju, 114 square meters in M, 1,547 square meters in M, and 77 square meters in F, and 65 square meters in F, so that G was not a legitimate owner.

However, on November 11, 2013, the Defendants conspired to deception the victim company as above, and acquired 80 million won from the victim company to the agricultural bank account in the name of G Co., Ltd. (S) by remittance.

2. On March 7, 2013, the Defendant: (a) purchased a 14 million Korean-style cargo vehicle from a limited company U office located in Gwangju Dong-gu, Gwangju, with a loan of KRW 13,90,000,000 for the purchase price from WW, a business member of the victim Metha Capital Co., Ltd, on condition of installment payments for 36 months; and (b) granted a mortgage on the said cargo vehicle.

Therefore, the defendant should not interfere with the exercise of rights of the victim company by taking, concealing, or destroying cargo vehicles at the victim company's right chain without the consent of the victim company until the loan is fully paid.

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