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(영문) 서울중앙지방법원 2017.02.09 2016고단1201
사기방조
Text

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 1 and 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A was a certified accountant belonging to the F Accounting Corporation and is currently the representative of G of the consulting company, and Defendant B was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution on September 11, 2015, and was sentenced to 10 months of suspended execution on March 24, 2016, by committing a violation of the Commercial Act.

1. On July 25, 2014, Defendant B made a false statement to the effect that “A victim K borrows an existing debt of KRW 300 million by adding up the existing debt from L, with the security of the victim’s real estate, the victim K shall repay the debt of KRW 300 million after three months from the high seas, and shall pay KRW 50 million with the fee, and as security, KRW 50 million with H’s stocks equivalent to KRW 920,000 of the stock value of KRW 920 million.”

However, in fact, H’s loan of financial right amounts to KRW 60 million and personal debt amounts to KRW 6.5 billion, and the defendant was registered as bad credit holders and did not have any special property. In order to operate the H, it was an urgent situation to pay interest on the borrowed money from others, and there was no intention or ability to repay the money by the agreed date even if it was borrowed from others.

Nevertheless, in borrowing 300 million won from L, the Defendant acquired property profits by having the victim obtain the land and buildings owned by the victim as collateral and by having the maximum amount of 450 million won of the bonds set up with the right to collateral security of 450 million won.

2. Defendant A, at the same date and time as above, bears the obligation of the victim B by providing the victim’s real property as security, and acquires pecuniary profits, Defendant A, in order to assist the victim in acquiring financial profits, “The value of H’s business is causing 18.48 million won, and the victim’s real property is against the obligation of the victim for the high seas as security.

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