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(영문) 수원지방법원 안산지원 2019.08.09 2018고단2263
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person engaged in the business of selling machinery and equipment with the trade name of “B,” and “E” is a person who has continuously traded by the Defendant, such as purchasing machinery and equipment from the Defendant in the name of “B.”

C Around September 2012 and around October 3, 2012 of the same year, in the name of F Co., Ltd., the Defendant purchased cutting machines, rackers, rackers, and luminous machines from the Defendant by means of lease from F Co., Ltd., and the Defendant entered into a re-purchase agreement with F to recover and dispose of the machinery at the time of default of lease fees between F and F, and pay F the proceeds from the realization thereof.

【Criminal Facts】

1. On September 2012, the Defendant made a false entry in the authentic copy of a notarial deed stating that there is a need to protect the Defendant from the enforcement of other creditors when a situation in which the obligation under the said re-purchase agreement is to be fulfilled arises, at a place where the location is unknown. The Defendant demanded D’s certificate of personal seal impression and certificate of seal imprint affixed thereon.

Accordingly, the Defendant, at will, at around October 29, 2012, issued D’s certificate of the personal seal impression and letter of delegation form and signed and sealed D’s seal impression: around October 29, 2012, at will, without any consultation with C through D, on the letter of delegation form: G: 120,000,000,000,000: G; G; the debtor; the debtor; the date of maturity: September 26, 2012; the date of maturity: 31 December 31, 2012; interest rate: 30% per annum; and the list of goods (property on security):

1. Live presses 2500 x 3000 x 7000 H one unit;

2. 200 x 2000 x 3000 x 1 unit for self-production;

3. 6ts x 400 Ix 1 unit;

4. Around October 29, 2012, a notary public located in Yeongdeungpo-gu Seoul Metropolitan Government K in the Limited Partnership Law Office has been present at the debtor’s agent and the creditor’s qualification, and “D” based on the above power of attorney.

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