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(영문) 수원지방법원 안산지원 2013.03.14 2010고단3261
사기등
Text

Defendant

A Imprisonment of three years and six months, Defendant B's imprisonment of three years and six months, Defendant C's imprisonment of one year, and Defendant D.

Reasons

Punishment of the crime

Defendant B, on May 17, 2012, was sentenced to two years of suspension of the execution of ten months of imprisonment with prison labor for perjury and no accusation by the Daejeon District Court on May 17, 2012, and the said judgment became final and conclusive October 25, 2012.

Defendant

From April 18, 2005 to October 20, 2008, A was established for manufacturing and wholesale business of electrical control devices, etc., and was in general in charge of the business affairs of the company, including fund management. From July 2005, Defendant B and Defendant C operated the company in substantial collaboration with (hereinafter referred to as “M”) directors and representative directors of the company established for the purpose of leasing construction safety permanent materials from July 2005. Defendant B and Defendant C were in charge of the business affairs of L as the executive director of L from the end of October 2007, and Defendant C were in charge of the business affairs of L, management and execution of funds. Defendant C and Defendant C were in charge of the business affairs of the vice president. Defendant D and the vice president. Defendant D and the vice president were in charge of the business affairs of L. Defendant D’s business affairs.

1. Defendant A, Defendant B, and Defendant C’s joint criminal conduct (Fraud) filed a patent application with the Korean Intellectual Property Office on January 25, 2007 with respect to an elevator platform escape prevention device (hereinafter referred to as a "abdomination prevention device") on July 18, 2007 while running the elevator parts manufacturing business in L, and completed the patent registration on July 18, 2007. However, as L did not have any funds, the company’s employees did not pay monthly wages, and the household check issued in the name of the company was not paid. The company’s debt is equivalent to KRW 60 million including the financial institution’s loan, and the amount of tax in arrears is approximately KRW 50,000,000, and the company’s financial situation was extremely good, making it virtually difficult to operate the company, and as a result, the company’s representative director who was operating M in the office adjacent to the company’s office (K building) for the purpose of paying debts and preparing funds necessary for its operation.

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