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(영문) 수원지방법원 성남지원 2017.05.25 2016고단3407
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2010, the Defendant is the representative director of E, a corporation established for the purpose of steel manufacturing, wholesale retail, etc., and the victim F Co., Ltd. (hereinafter “victim Co., Ltd.”) supplied steel materials to E from March 6, 2013 to January 31, 2015.

The injured company E had a debt amounting to KRW 199,98,500 for the supply price of steel materials to the injured company, and the injured company filed a lawsuit against E on December 14, 2015 for the claim of the purchase price of goods with the Seoul Southern District Court, Seoul Southern District Court. On the same day, the injured company applied for provisional attachment of the claim and received the decision of the provisional attachment of the claim from the Seoul Southern District Court around December 23, 2015.

On January 21, 2016, the Defendant: (a) around January 21, 2016, at the Seoul Branch Office of the Victim Company in Geumcheon-gu Seoul, to IB and J directors operating the Victim Company substantially “Withdrawal the claim for the purchase of goods; (b) to repay all obligations (19,98,500 won) over eight occasions from January 2016 to August 2016 in accordance with the repayment plan; (c) to set up a collateral for the transfer of 652 electric light lamps (150kw 244, 200kw 408) kept in the L Company’s warehouse in the Seoul Branch Office in Geumcheon-gu, Geumcheon-gu, Seoul; and (d) to remove provisional attachment of claims.

“A false representation was made.”

However, in fact, as of December 31, 2015, the company E did not have any intent or ability to repay the debt, even if the provisional attachment of the claim was cancelled, because the total assets amounting to approximately KRW 2.3 billion, the total assets amounting to KRW 1.8 billion, or the total assets amounting to KRW 1.1 billion, the total assets amounting to KRW 1.1 billion, is very weak to recover the credit amount amounting to KRW 1.1 billion or the major assets amounting to KRW

Nevertheless, on January 28, 2016, the defendant deceivings the victim company, and caused the victim to cancel provisional seizure of claims, thereby acquiring property profits equivalent to KRW 199,988,500 of the claim amount of provisional seizure.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness I’s legal statement.

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