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(영문) 인천지방법원 부천지원 2013.03.14 2012고단2230
사기등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. On January 19, 2010, Defendant A made a false statement with the victim F at the office of the E-stock company operated by the Defendant in Bupyeong-gu, Seocheon-gu, Seocheon-gu, U.S., that “The existing outstanding amount shall be repaid with a promissory note issued by GE Products of the Co., Ltd., and the remaining amount may vary from cash discounts. A Promissory note will be settled normally without the mold.”

However, the fact was that the Promissory Notes issued by GKTsan was issued without any actual transactional relationship, and the Defendant was aware that the Promissory Notes would not be settled normally due to the difficulties in the circumstances of GKT Industry, and even if the E company’s management difficulties at the time, there was no intention or ability to prepare the settlement amount of the Promissory Notes.

The Defendant issued a promissory note with the face value of KRW 20 million in the issuance of GK Real acid Co., Ltd. to the victim, and received a remittance of KRW 4 million in the name of G under the pretext of discount.

In addition, the Defendant received KRW 34,440,000 from January 19, 2010 to March 16, 2010, in total, three times in the manner described in the attached Table I, as shown in the attached Table I, for a total of three occasions.

2. On April 2010, the Defendants’ co-principal-offenders established a business entity called “H” in the name of Defendant B with a view to evading compulsory execution, as national taxes are in arrears for a long time due to the difficulties in managing the E-stock company operated by Defendant A, and the creditors were able to seize or seize the assets of E-stock company. In order to avoid compulsory execution, the Defendants conspired to create claims under H’s name by supplying goods to the Defendant’s main transaction agent of E-stock company in the name of H.

Defendants conspired to complete H’s business registration under Defendant B’s name on June 2, 2010, and produced products, such as a shotter, using materials and equipment of E Co., Ltd. on June 30, 2010, and under H’s name.

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