logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.01.12 2016고단3850
사기
Text

A defendant shall be punished by imprisonment for four 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

The Defendant is the representative director of “C” corporation.

On September 25, 2015, the Defendant’s “E Co., Ltd.” in the management of the victim D’s “E Co., Ltd.” attached the Defendant’s deposit claim against the Industrial Bank of Korea of the U.S. in order to preserve KRW 23,680,854 in the Defendant’s operating company’s claim for the payment of goods to the Defendant’s operating company. On October 6, 2015, the Defendant’s “E Co., Ltd.” (hereinafter “E Co., Ltd.”) at the office of “E Co., Ltd., Ltd.” (hereinafter “the provisional attachment was cancelled”) to the Defendant

“.” The purport was “.

However, due to the financial difficulties of the above company, the defendant was not in a proper situation for the employee's benefits, and the defendant was willing to withdraw the deposit when the provisional seizure for the claim for deposit was cancelled and to pay the employee's benefits or retirement allowances. Therefore, even if the victim was released from provisional seizure, he did not have the intent or ability to pay the claim for the price

As above, the Defendant: (a) by deceiving the victim; (b) had the victim cancel the provisional attachment of the above claim; and (c) did not pay the above amount of the goods; and (d) obtained pecuniary benefits equivalent to the said amount

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Statement made by the police in relation to G;

1. The application for provisional attachment of claims, a letter of performance undertaking, the general contents of the case and the contents of the case, the original copy of the decision of provisional attachment of claims 2015KaMa13340, Suwon District Court, the Suwon District Court, the original copy of the decision of provisional attachment of claims 2015KaMa2940, and the details of the account transaction of the suspect [the following circumstances acknowledged by each evidence duly adopted and investigated by this court, D, G would pay all the amount of the preserved claim immediately seized if the defendant cancelled provisional attachment after being aware of the provisional attachment.

Upon request, the statement is made on October 6, 2015 that the application for provisional seizure was submitted on July 1, 2010, and the following day.

arrow