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(영문) 서울동부지방법원 2019.02.13 2018고단2035
사기
Text

Defendants shall be punished by imprisonment for four months.

However, as to the Defendants, each of the above decisions is made for one year from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

On June 23, 2016, A was sentenced to a suspended sentence of imprisonment with prison labor for four months at the Gwangju District Court for fraud, and the judgment was finalized on November 3, 2017.

Defendant

B On January 17, 2018, the Seoul Eastern District Court sentenced imprisonment with prison labor for six months as a crime of fraud at the Seoul Eastern District Court, which became final and conclusive on September 6, 2018.

Defendant

A established and operated a stock company for the purpose of producing and selling soil as from June 30, 2009, and the above C was forced to suspend tax payment on June 30, 2014, and the person who established and operated E for the purpose of the same business as B on June 30, 2017, and Defendant B was in charge of the business as the sales store of the above chemical.

Defendant

B under the circumstance that around January 2017, Defendant A was urged to repay the debt amounting to KRW 30 million borrowed from her branch around 2017, when it was difficult for Defendant A, who had been accumulated from around 2003, to recover the debt amounting to KRW 85 million, even if the total amount of the credit amount of Defendant A owed to her branch over KRW 85 million, Defendant B loaned money from an unspecified third party as a loan for business funds to Defendant A, Defendant B conspired with Defendant A to take the responsibility for the repayment of the loan amount and to prepare a certificate of the loan amount.

Accordingly, Defendant B said, around April 2, 2017, at the F store located in Seongdong-gu Seoul Metropolitan Government, Defendant B said that “A, as seen above, needs to purchase a factory in Jeonnam-gu, with a view to borrowing KRW 30 million as it is necessary to purchase a factory in Jeonnam-gu, A, who lends money, Defendant B would make a loan certificate and pay the borrowed money within 10 days.”

However, even if the Defendants borrowed money from the victim for the purpose of the factory purchase fund, they were thought to be appropriated for the repayment of the Defendant A’s obligation to Defendant B. Defendant A did not have any property with bad credit standing and was equivalent to KRW 85 million with debt, and a contract for the supply of soil is indefinite.

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