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(영문) 수원지방법원 안산지원 2018.10.10 2017고단1838
사기등
Text

Defendant 1 was sentenced to 10 months of imprisonment with prison labor for the offence in the judgment of this Court 2017 High Court No. 1838, 2018 High Court Order 1603.

Reasons

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Punishment of Tax Offenses Act at the Suwon Friwon on June 12, 2014, and the judgment became final and conclusive on June 20, 2014.

The Defendant is a person who actually runs the “C” corporation in the Gu of Ansan-si.

1. On May 2014, the Defendant against the victim D was at an address of not more than Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government (hereinafter “Seoul Mapo-gu”), and there is money to be given to the victim D with priority in giving payment to other companies, where the amount of KRW 600 million is emitted from the trading company to KRW 600 million.

In order to establish a real estate as a collateral, it was false that the real estate held as collateral will be cancelled at least three months at the latest if the real estate was temporarily lent as collateral.

However, in fact, the Defendant had no intention or ability to cancel the security as agreed even if he received the security from the injured party, because the Defendant was unable to perform the obligation equivalent to KRW 300 million from the company E, F, and G limited liability, with a view to preventing the so-called return of the outstanding amount from repaying the outstanding amount with the profits accrued while running the company at the time.

On May 16, 2014, the Defendant, as such, had the victim and the victim’s wife owned on May 16, 2014, and had the victim and the victim created a collateral security with the Defendant’s “C”, “B”, “B”, “B”, “156,00,000 won”, and “156,000 won” with the maximum amount of the claim amount.

2. On May 19, 2014, the Defendant, against the victim P, removed the right to collateral security within three months if he/she lent it temporarily to the victim P for use as security of the Seoul Seodaemun-gu apartment T&, Seoul.

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