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(영문) 서울중앙지방법원 2013.10.25 2012고단6411
사기
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

1. Defendant A, such as the Defendants, is the representative director of the F Co., Ltd. established for the purpose of wholesale and retail business of agricultural and livestock products under Article 310 of Seongdong-gu Seoul Building 310 (mutual change to G Co., Ltd. on December 24, 2010), who is in charge of the management and execution of funds, accounting and accounting of the above company, and Defendant B, as the former director of the above company, is a person in charge of the management and execution of funds of the above company,

2. The Defendants’ co-principal (Fraud) revealed the documents related to beef import, such as the certificate of import declaration by the victim J, who was in office with the above sexual intercourse, at the Isung located in Gwangjin-gu Seoul Special Metropolitan City on December 2, 2008, the Defendants stated that “any foreign beef is imported and stored in a bonded warehouse, and thus no money is cleared. It will be repaid as soon as possible if the expenses for beef purchase are lent.”

However, in fact, the Defendants intended to use the money borrowed from the victims for the operating expenses of the company or for the project expenses of the Chinese water plant. While there was no particular company assets at the time, the Defendants failed to pay interest corresponding to KRW 100 million for the existing financial obligations, not only did they have been in a situation where the financial status of the company was deteriorated due to business depression, and thus, they did not have the intent or ability to pay the money even if they borrowed money from the victims.

Accordingly, the Defendants conspired to deception the victim as above, and acquired the victim's money from the victim to the Agricultural Cooperative account in the name of F Co., Ltd. in sum of KRW 230 million on three occasions, including KRW 50 million around January 5, 2009, KRW 100 million around January 6, 2009, KRW 80 million around February 10, 2009, and KRW 230 million from February 10, 2009.

Summary of Evidence

1. Defendants’ respective legal statements

1. The Defendants’ partial statements in the first trial record;

1. Each part of the prosecutor's interrogation protocol against the Defendants.

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