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(영문) 의정부지방법원 고양지원 2017.09.21 2017고단1939
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment and two years of suspended execution on September 22, 2016 for the crime of violating road traffic law in the Goyang Branch of the Jung-gu District Court on June 10, 2016, and the judgment became final and conclusive on September 22, 2016.

[Criminal facts]

1. The fraud defendant is the actual representative of E, a motor vehicle painting company in D at the time of the sports strike. On August 2014, 201, the victim F (the age of 48) at the above E plant in the first patrolman (the age of 48) provided as security for the transfer of machinery, etc. in the factory, and offered as security the factory site and the building lease deposit amount of KRW 30 million as security, he/she shall pay the interest on the two-month from the loan of money, and he/she shall pay the principal at least three months thereafter.

The phrase “ makes a false statement.”

However, the machinery that was provided as security to the victim was already provided as security by transfer to others, and the defendant had difficulty in paying wages to the factory workers at the time, and it was difficult for the defendant to conduct management conditions to the extent that it was difficult, and the factory's monthly payment of KRW 3 million has not been value as security by several times of arrears, and there was no intention or ability to repay the borrowed money as promised to the victim because there was no certain income or property otherwise.

Nevertheless, on August 12, 2014, the Defendant: (a) by deceiving the victim; (b) transferred KRW 18.8 million to the Defendant’s wife G account through the Defendant’s account under the name of K on the pretext of borrowing money from the victim; (c) received transfer of KRW 10 million to the said G account on September 18, 2014; and (d) acquired KRW 28.8 million in total from the said G account.

2. On April 13, 2015, H, an enforcement officer of the Goyang branch of the Korean Government District Court, who belongs to the Goyang branch, seized color equipment sets (including a greging facility, control tower) in a factory based on the executory exemplification of No. 1099 of the deed at the above E plant with the authority delegated by creditors I (F, for actual creditors, F) and stored them in the Defendant after attaching the color equipment sets (including a gregr, controler, and controler) in the factory with the executory exemplification of No. 1099 of the deed.

Nevertheless, it is not appropriate.

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