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(영문) 서울중앙지방법원 2015.02.06 2014고단10132
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On July 24, 2012, the criminal defendant against the victim B told the victim B to pay the interest of KRW 300,000 per month when he/she lends KRW 20,000 to the victim B at the D office of the defendant's management company located in the Pakistan-si, Pakistan-si.

However, the facts are that the Defendant had an obligation equivalent to KRW 400 million and the Defendant had no intention or ability to pay the obligation normally because of the situation of preventing the Defendant from returning the obligation without any special revenue.

Nevertheless, the defendant deceivings the victim as above, and then acquired 20 million won from the victim through the bank account (E) in the name of Korea Co., Ltd. on the same day as the loan money from the victim.

2. Nullity of an indication on duties.

A. The creditor F and G-related criminal Defendant possessed nine points, such as automatic jointness, as shown in attached Table 1, in the “I” plant operated by the Defendant at H at the time of strike, as well as the machines and equipment as indicated in attached Table 1.

On November 2, 2012, the Defendant agreed to provide F with the said machinery and instruments as collateral for transfer in order to secure a debt of KRW 50,000,000 to F, and around the 6th of the same month, F agreed to provide the said nine points of the machinery and instruments provided as collateral for transfer to G in order to secure a debt of KRW 10,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,0000,000,000,000,000,000,000,0000,000,000,000,000,000).

Nevertheless, at the end of February 2013, the Defendant arbitrarily removed the attachment indication attached to the V home stacker (No. 8 of the attachment list) of the market price of approximately KRW 30 million in the above attachment list at the above factory, and transferred the above machinery to the J, who is the subject of debt repayment without the consent of creditors F and G.

This is the defendant.

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