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(영문) 인천지방법원 2013.11.01 2013고정2704
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 29, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Illegal Check Control Act at Seoul Southern District Court on November 15, 2012, and the said judgment became final and conclusive on November 15, 2012.

The defendant is the representative director of "C" of the agricultural company in Leecheon-si, and D works as the chief director of the above company, and upon delegation from the above A, is a person in charge of fund management, such as the issuance of bills and checks in the name of representative director, and delivery, such as the conclusion of a contract with the client

Around December 23, 2010, the Defendant, a director of the foregoing company, embezzled public funds of the company, etc. Around the same time, the Defendant already assumed the company’s obligations exceeding KRW 800,000,000 due to the rapid effect of the early early tidal decentralization, but supplied the amount from the supplier, supplied it to the distributor, and solicited the supplier to use it for the purpose of repaying the company’s obligations without paying the amount to the supplier.

Around 14:00 on April 17, 201, D made a false statement to the victim H who operates “G” by means of the “G” from the Jeon Chang-gun, Jeon Chang-gun, Kim Chang-gun, stating that “If B receives a promissory note and a check, it would be possible to pay 20 days later, it would be possible to supply the column to credit.”

However, in fact, the Defendant and D did not have any intent or ability to settle the said promissory note and the number of shares, even if they were provided with the disturbance from the victim, since the above C was difficult to operate the company due to the above circumstances.

As above, the Defendant was informed of the victim by deceiving the victim as above, and was supplied from April 18, 201 to May 5, 201 the total market price of KRW 79,956,30 in total five times from May 18, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning D;

1. The police statement of H;

1. Previouss before the judgment: the defendant's legal statement, case search, and application of law of the judgment;

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