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(영문) 창원지방법원 통영지원 2015.07.10 2015고단32
사기
Text

Defendant

A and B shall be punished by imprisonment for one year and six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On January 29, 2015, Defendant A was sentenced to a suspended sentence of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and Defendant B was sentenced to a suspended sentence of three years for the same crime in the same court on the same day, and the judgment was finalized on February 6, 2015.

【Criminal Facts】

Defendant

A (former name C) as a wife of Defendant B, was in charge of the management of the funds of D for the purpose of manufacturing and selling shipbuilding machinery, and Defendant B is the actual operator of said D.

Defendant

B In operating the corporation D, as the funds are needed for the payment of taxes and monthly salary of employees, the order was given to Defendant A to prepare funds. Accordingly, Defendant A was unable to lend money from financial institutions to others for the purpose of borrowing money.

Defendant

A, on June 201, 201, false statement was made to the victim G that “A needs to pay money for the operation of the Company D and taxes of the Company D. When lending money, 30% of the interest rate shall be given, and it shall be repaid without fail after one year.”

However, Defendant B was operating the company under Defendant A’s name in bad faith, and the Defendants had already closed down several times due to tax in arrears, and Defendant B was not able to obtain bank loans due to tax and 4th insurance premium in arrears. Therefore, Defendant B did not have any intent or ability to pay such loans even if she borrowed money from the victim.

The Defendants conspired to induce the victim as above and received 50,000,000 won from the victim’s account in C’s name for the same day.

The Defendants, including this, from around that time to November 28, 2012, together with 10 times in total as shown in the list of crimes in the annexed sheet of crimes.

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