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(영문) 서울동부지방법원 2018.09.13 2017고단3880
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On July 20, 2017, the Defendant was sentenced to 6 months of imprisonment for the charge of forging private documents at the Seoul Eastern District Court and 2 years of suspended execution, and the judgment became final and conclusive on July 28, 2017.

[2] On January 27, 2016, the Defendant, as the representative director of the steam Supplier, acquired the “E business right” from the Co., Ltd. (Representative Director D) on or around January 27, 2016, and transferred the Defendant’s F business right and G business right at KRW 2.75 billion to the said “C” and KRW 10% of the said rights, and the Defendant’s F business right and G business right.

In addition, the Defendant had established H Co., Ltd. (O) for the purpose of acquiring the above rights, but did not facilitate the lending of the PF, etc., and did not proceed with the business properly, and did not receive money from others by receiving money from others.

On March 31, 2016, the Defendant made a false statement to the effect that “K” office located in Gyeyang-gu Seoul Metropolitan City J, the Defendant would lend KRW 80 million to the Defendant’s victim L, who was engaged in steam supply business, so that he/she can be supplied with the entire amount of timber to a lower season as he/she had related parties who are aware of the loan of money, because he/she had been in the interest of KRW 20,000,000,000,000 from May 15, 2016.”

However, from the spring time of 2015, the Defendant was unable to supply steam due to the failure in the “B” team production machinery and, at that time, continued to have reached KRW 70 million of wages in arrears for employees. At that time, Defendant did not have any particular property, while Defendant did not have any other property, at that time, reached KRW 4-50 million of financial right obligations, and therefore, the Defendant was called “B” account from the said “B” account to the account in the name of Defendant, such as transferring money from cash to the credit card payment.

On the other hand, the Defendant was unaware of the person who is in the position of receiving timber from M, and thus, borrowed money from the victim.

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