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(영문) 대구지방법원 2016.03.18 2013고단1527
사기등
Text

Defendants shall be punished by imprisonment for six months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Daegu High Court on September 16, 2010, and the said judgment became final and conclusive on January 13, 201, and on January 28, 201, the Daegu District Court sentenced 8 months of imprisonment for fraud and 2 years of suspended execution to be punished for fraud, and became final and conclusive on May 13, 201.

Defendant

A served as the representative director of F, directors of G, and employees of Defendant B, as the “business director”.

On September 25, 2008, Defendants and G will give the victim J as a security for the corporate bonds of KRW 500,000 of the F (State) in front of the I restaurant located in the Daegu Suwon-gu, Daegu-gu. H. In this context, the Defendants and G will lend KRW 50,000,000 to the victim J, 10,000 interest of KRW 5,00,000 after 10,000,000.

“The phrase “ was false.”

However, even if the above company borrowed money from the victim J due to its financial difficulties, the Defendants did not have the intent or ability to repay the money in time, and the above corporate bonds were null and void.

Accordingly, Defendants and G received 30 million won from the national bank account in the name of K, which is the creditor of the above company on September 25, 2008, the sum of KRW 10 million from the national bank account in the name of Defendant B on September 25, 2008, and KRW 50 million from September 26, 2008 to the account in the name of the above company.

Summary of Evidence

1. Statement made by the defendant A and B in the eight-time public trial records;

1. Statement in the protocol of examination of the witness to J (part of the protocol of trial in the seventh trial);

1. Entry of part of the protocol of examination of the witness (part of the protocol of the seventh trial) in G in relation to the examination of the witness;

1. Statement concerning G in the protocol concerning the examination of suspects by the prosecution;

1. Entry of the Defendants in part of the protocol concerning the interrogation of suspects in each prosecutor's office

1. Statement in the police statement before J; and

1. Application of each Act and subordinate statute to describe a copy of a loan certificate, a copy of converted bonds, and a copy of passbook;

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 347(1) and 30 of the Criminal Act (the choice of imprisonment).

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