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(영문) 서울중앙지방법원 2018.09.21 2017고단1543
사기등
Text

Defendant

A Imprisonment with labor of one year and six months and fine of ten million won, and Defendant B shall be punished by imprisonment with labor of six months and fine of two million won.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court on July 1, 2016, and the above judgment was finalized on September 23, 2016. Defendant B was sentenced to one year of imprisonment with prison labor and two years of suspension of execution at the Seoul Central District Court on September 20, 2017. The above judgment became final and conclusive on April 12, 2018.

[2] Criminal facts: 2017 Highest 1543: Defendant A’s sole crime

1. On July 4, 2012, the Defendant issued one copy of check number E, face value KRW 700,000,000,000 and KRW 2.5550,000,000,000 and KRW 5.550,000,000, which was borrowed from the victim C on June 26, 2012, and KRW 100,000,00,000, which was the Defendant’s pro rata, issued one copy of check as of July 4, 2012, but on January 8, 2013, the check was in default.

As a result, the Defendant was sentenced to a judgment on the violation of the Illegal Check Control Act and the sentence was anticipated, the Defendant was willing to recover part of the defaulted check and submit it to the court.

On February 3, 2015, the Defendant paid the full amount of KRW 805,00,000 to the victim C by returning the check at a face value of KRW 700,000,00 to the first central branch office located in the Seocho-gu Seoul Metropolitan Government H building.

In addition, in order to secure the repayment of one debt, K(State) or L(State) company will be a joint and several surety for the debt amount of 700 million won until February 13, 2015.

In addition, M(State) acquisition is promoted, and the financing from M(State) will be made from February 13, 2015 to April 10, 2015, and the total of KRW 100 million will be paid every 15 days between February 13, 2015 and April 10, 2015.

A false statement was made to the same purpose with the content of “a letter of payment.”

However, in fact, the defendant has borne a debt of 20 billion won or more, which was caused to purchase real estate including the Seo-gu N, Gwangju through loans, and the creditors.

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