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(영문) 인천지방법원 부천지원 2015.10.07 2015고단1337
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 8, 2010, the Defendant set up a pledge with respect to the Plaintiff’s Il-dong Co., Ltd., Ltd., and O2 consortiums membership rights (the deposit of KRW 450,500,000,00) (the deposit of KRW 4550,000,000) issued and acquired by the Taecheon Tourism Development Corporation (hereinafter “tourist Corporation”), and continued to trade goods with the said Plaintiff.

On April 30, 2014, the Defendant, within the E located in Kimpo-si, Kimpo-si D, performed as if he would normally pay the price for goods to the above victim company, and received medicine from the victim company.

However, around April 2014, when the above transaction was conducted, the Defendant had been in the state of having much more than assets, such as lending of bank notes around KRW 60 billion to KRW 500 million to the credit card company, etc. The Defendant had been willing to adjust the company (the commencement of the reorganization of the company on May 9, 2014 and the closure of the business on September 2014). Meanwhile, in the case of the above O2 golf membership with the Defendant offered as security to the victim company, the Tourism Corporation, the issuer, from around 209, was faced with the financial difficulties and around 2013, was unable to receive compulsory execution against the passbook and movable assets by the winning members in the lawsuit claiming the return of the membership deposit, and it was impossible to receive compulsory execution against the Defendant without paying the deposit money at the time of the victim’s winning the lawsuit, and thus, it was difficult to collect the deposit money from the Defendant to return it.

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