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(영문) 서울동부지방법원 2012.08.14 2012고정989
사기
Text

The sentence against the accused shall be 7,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, as the representative director of Company B, from January 1, 1994 to April 201, was the Defendant, and around June 2008, the liabilities to the subcontractor amounted to approximately KRW 500 million, and the construction cost has not been recovered from the original subcontractor, and the financial situation began to be reconsumed in the state of (-). The financial situation has been continuously aggravated until the payment of material costs, wages, etc. to the said subcontractor has not been made, and it is urgent to prevent a promissorysory note amounting to KRW 130 million which has come due to the financial situation until the last installment has been settled due to the following circumstances, and thus, it is urgent to pay back to the victim C having come to know of the financial situation around March 2008. However, even if the Defendant borrowed money from the victim C, he did not have the intent or ability to complete payment, he was willing to borrow money under the pretext of the above B’s capital increase and used it for the purpose of other purposes, such as the repayment of existing debts.

On June 24, 2008, the Defendant, at the E office in the operation of the victim C in Jung-gu Seoul, Jung-gu, Seoul, borrowed KRW 100 million to the victim for the capital increase of the capital, and then, the Defendant made a false statement that he would pay KRW 150 million to the government-funded construction cost at the Gangdong-gu office after he borrowed KRW 100 million to the victim. Accordingly, on June 24, 2008, the Defendant received KRW 100 million from the victim to the national bank account under the name of the Defendant’s lending from the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Each protocol concerning the examination of the suspect against the defendant;

1. The first police statement concerning C;

1. Investigation report (to attach all the registered matters to B of a stock company), investigation report (the date and time of confirmation);

1. A copy of a loan certificate, a copy of bank passbook (20 pages of investigation records), a check sheet requesting the details of transactions not requested, and a full certificate of registered matters;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Selection of Fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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