logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.06.29 2016고단3680
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, around July 31, 2015, entered into an agreement with the victim F, who was an employee at the “E (Management Office)” located in Gwangjin-gu Seoul Special Metropolitan City, to open the skin-management shop at the hospital located in the Council, and the Defendant should make a loan to the victim F.

The loan shall be repaid to the joint and several sureties and shall be paid KRW 400,000 per month during the loan period.

In addition, it stated to the effect that the Government will take charge of the office chief and pay monthly salary.

However, in fact, since around July 2015, the Defendant extended its business from around 2012, and increased its debt, the Defendant had been liable for 70,981,000 won as of July 2015. Moreover, since around 2014, the Defendant failed to pay 17,880,000 won to the employees of the management department in charge of the management department in charge of the Defendant’s operation, and even if having the victim jointly and severally guaranteed a loan, the Defendant did not have the intent or ability to repay the loan, and there was no intention or ability to pay 40,000 won per month to the victim during the loan period.

Nevertheless, as above, the Defendant: (a) from July 31, 2015 to August 10, 2015 by deceiving the victim; (b) CNB from July 31, 2015 to August 10, 2015, KRW 300,000 from the Investment Company of CNB’s loan; (c) KRW 300,000 from the loan of Taesan; (d) KRW 300,000 from the loan of Taesan; and (e) Note L LBS.

The loan of KRW 3 million from Jinro to KRW 3 million, KRW 3 million from KONEX loan, KRW 3 million from ENNF loan to KRW 1 million, KRW 21 million from the loan of KRW 3 million, and KRW 21 million from KRW 3 million from the loan of KRW 3 million. The loan of KRW 21 million was made by the victim. The loan of KRW 21 million was made by the victim to bear the joint and several surety obligation for each loan of KRW 21 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Results of inquiry into credit information ( Results of execution of a warrant of search and inspection);

1. Recording records;

1. Application of Acts and subordinate statutes on credit information, joint and several guarantee contracts, notification, and payment notes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

arrow