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(영문) 창원지방법원 통영지원 2015.01.29 2014고합121
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. Defendant A shall be punished by imprisonment for two years.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Sheet 2014 high-quality121 / Defendant A was the actual operator of F Co., Ltd. F for the purpose of manufacturing and selling shipbuilding machinery and equipment, and Defendant B (name G prior to the name of each name) was the wife of the above Defendant A and was in charge of managing F’s funds.

Defendant

A, while operating the F, ordered Defendant B to prepare funds as it is necessary to pay taxes and pay monthly salary, etc., and Defendant B, who was known to the general public, had the victim H to borrow money for the purpose of borrowing money.

Defendant

B around June 11, 2013, at the victim’s house located in Sa city I, the victim made a false statement that “I would immediately receive progress payment from J on June 25, 2013 if I lent money to the victim to pay the delinquent tax amount of F.”

However, Defendant A was operating the said stock company under the name of Defendant B’s Cho in bad credit standing. The Defendants could not obtain a bank loan because they had a debt of approximately KRW 500 million due to taxes and 4th insurance premiums, etc. around the early 2012 when Defendant B operated a stock company. Moreover, Defendant A did not have an intent or ability to repay money even if he borrowed money from the victim for the purpose of borrowing money, because there was no money remaining when he was paid for the increase in wages and the unit price reduction due to the sinking of the shipbuilding competition at the time.

The Defendants received 30,000,000 won from the victim as the borrowed money on the same day.

The Defendants, including that, from around that time to September 24, 2013, received a total of KRW 591,500,000 from the victims through the same method via the same 13 times in total, as indicated in attached Table 1.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. The defendant A, at the time of macroscop 2014 high-quality 138, M.

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