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(영문) 수원지방법원 여주지원 2012.10.31 2011고단482
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant of criminal records was sentenced to 8 months of imprisonment with labor for a violation of the Wastes Control Act at the Sungwon District Court's Sung-nam branch on July 23, 2009 and the above judgment was finalized on the 31st of the same month.

Criminal facts

The defendant is a representative director of a D Co., Ltd., the object of which is aggregate extraction business.

On August 8, 2007, the Defendant permitted the Victim E to gather aggregate at the office of the Sinju-gun Co., Ltd., Ltd., Ltd., Inc., Ltd., for the purpose of seeking a permit, the Defendant said that “In order to obtain a permit, KRW 200,000,000 is required as the compensation for props and the cost of issuing securities for Seoul Guarantee Insurance, etc.” The same is to be revoked if the permit is not promptly found. If the Defendant requested an additional loan of KRW 18,00 on the land 18,00,000 owned in the Ansan-gun-gun Mutual Savings and Finance Company, which is being examined by requesting an additional loan of KRW 20 million,00,000, as the loan will be repaid if the loan is lent.”

However, the Defendant did not normally operate the company due to the dumping competition with the competitor companies at the time, and did not pay interest of KRW 250,000,000 which was already loaned by the Ansan Mutual Savings and Finance Company for three months. Accordingly, the Defendant was notified by the head of G division in charge of the said Mutual Savings and Finance Company that the Defendant could not receive additional loans as security, and even if he borrowed KRW 200,000 from the victim, even though he did not have any intention or ability to repay the loan within two weeks, due to the fact that he did not separately applied for the loans to the said Mutual Savings and Finance Company.

Ultimately, the Defendant, by deceiving the victim as above, received 150,000,000 won as a check from the victim’s office of the said D Co., Ltd. on or around the 10th of the same month through his wife H, and received 48,00,000 won as a total from the financial account (Account Number:J) opened in the name of the said H as the representative director on or around the 14th of the same month.

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