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(영문) 서울남부지방법원 2018.02.01 2017고합430
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From September 2002, the Defendant: (a) was operating a company that manufactures and sells children’s learning papers, and (b) was willing to obtain a discount from the victim E, a printing company, to obtain a discount from the Plaintiff, who had difficulty in paying the discount from the bill while receiving a discount from the bank in the name of the bank for the settlement of accounts; and (c) obtained a discount from the bank for the settlement of accounts in the name of the bank for the settlement of accounts; and (d) obtained a discount from the Plaintiff E, a printing company.

Around October 26, 2004, the Defendant made a false statement to the victim at GDada located in Jung-gu, Seoul, stating that “The Defendant would make a discount on a bill with a lack of business funds (e.g., bill number “H,” issuer “H,” “the issue date,” “not being issued,” and “ January 29, 2004,” which is the payment date. It is 1.2 billion won on the land in which the F 11 land in Hong-gun, Hongsung-gun, Hongsung-gun, would be repaid for the purchase of the land, and thus, would make a discount on a bill.”

However, at the time of excessive investment in China, the Defendant used to prevent any other check or note, the maturity of which is due to the payment of the discount on the face of the damaged person, as the financial standing of the Bank of China is not very good, and the above land is already established with a security right of KRW 532 million, and there is no value of collateral, and the Defendant did not have the ability to sell the above land in KRW 1.2 billion, and thus, the Defendant did not have the intent or ability to be responsible as the issuer for the settlement of the instant bill.

The Defendant received 31,50,000 won from the injured party in the name of the Bank Co., Ltd. in the form of a bill discount, and received from the injured party in the name of one bank account (I) in the name of the Defendant from September 2, 2004 to October 29 of the same year from September 2, 2004, a total of KRW 427,500,000 in the name of the Defendant’s account (Account No. 4 to 16) from September 2, 2004, from September 4 to October 16 of the same year.

The defendant of "2017 Gohap 564", around July 22, 2004, operates by the defendant in Yangcheon-gu Seoul, Yangcheon-gu.

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