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(영문) 서울동부지방법원 2018.08.16 2018고단908
사기
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Defendant A was sentenced to three years of imprisonment for fraud, etc. at the Seoul Eastern District Court on April 12, 2018 at the Seoul Eastern District Court, and the judgment became final and conclusive on July 26, 2018. Defendant B was sentenced to one year of imprisonment with prison labor at the Seoul East Eastern District Court on November 22, 2017, and the judgment became final and conclusive on April 20, 2018.

[Defendant A] While running a stock company E (hereinafter “E”) which is a food materials distributor from around July 2012, 2015, Defendant A committed a situation in which goods could not be supplied any more than KRW 500 million. Defendant B, from around May 2012, 2015, intended to provide funds by issuing a bill of lading to resolve accumulated unpaid payment in the course of operating an agricultural and fishery products distribution company. Defendant B was indicted as a violation of the Act on the Regulation of Illegal Number of Violations on July 3, 2015, and was in charge of adjusting obligations to customers since early 2015.

Defendant

A on June 12, 2015, at the office of "G office" located on the 2nd floor of Songpa-gu Seoul Metropolitan Government F and the 2nd floor, purchased KRW 37,267m2 (hereinafter "the above real estate") from the victim H in the name of E and purchased KRW 80,000,000 from the victim H for the purchase of KRW 37,267m2 (hereinafter "the above real estate") in the name of E, and entered into a contract with the victim to sell and purchase the above real estate as collateral so that the victim can establish a collateral security by making the transaction partner of the above real estate as the creditor. As above, first of all, if the above real estate had been offered as collateral, after receiving the goods from the transaction party as collateral and disposing of the remainder of KRW 70,00,000 as the price, and if not paid in full, it would immediately terminate the collateral security."

After that, the Defendants filed a complaint against B with the charge of fraud on July 10, 2015, on the grounds that the Defendants had not already received the amount equivalent to KRW 110 million from Defendant B.

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