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(영문) 수원지방법원 여주지원 2016.08.03 2016고단188
사기미수등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, who attempted to commit fraud, was supplied with the Defendant’s representative director E with the Defendant’s transfer of the importer from the Victim E Co., Ltd. to the Defendant, and committed the Defendant’s debt amounting to KRW 443,871,640 as of May 201. From August 9, 2011, the Defendant, while proceeding for corporate rehabilitation against D Co., Ltd. from around August 9, 201, the Victim E terminated the right to collateral on the real estate, such as E-owned building in E-si, E-si, U.S., a plan to sell the said real estate on September 201, but refused the Defendant’s joint and several sureties, as he refused to terminate the collateral unless the Defendant’s representative director G would pay the outstanding amount.

Influence, I thought that they had been influence.

At around 17:00 on August 21, 2012, the Defendant made a false statement to the JJ office located in Seocho-gu Seoul, Seocho-gu, Seoul, stating that “The termination of the right to collateral security established on the real estate owned by D, and if so, the Defendant would make reimbursement of KRW 100 million by November 30, 2012, and I shall jointly and severally act as a guarantor for a monetary consumption lending and lending contract.”

However, even though the Defendant did not permit H to become a joint guarantor for the victim company, the Defendant was thought to cancel the victim’s right to collateral security by deceiving the victim’s joint and several liability as if he would repay his debt to the victim. Since the management status of H is not good, the Defendant did not have any intent or ability to repay his debt to the victim because it applied for corporate rehabilitation procedures.

As above, the Defendant: (a) included G in G and paid off six occasions from November 30, 2012 to November 30, 2015; (b) made H enter into a monetary consumption loan agreement with joint and several guarantors with respect to the above obligation; (c) prepared a fair certificate; and (d) intended to cancel the right to collateral security established on real estate, such as the F Building, in Echeon-si, where the obligation to pay bicycle bills of KRW 443,871,640 is secured; (c) however, the Defendant tried to cancel the right to collateral security established on real estate, such as the F Building, inasmuch as the said right is secured.

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