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(영문) 인천지방법원 2017.05.25 2017고단1516
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the Bank of Korea.

1. On January 9, 2015, at the Defendant’s office located in Kimpo-si C603, Kimpo-si, Kimpo-si, Kimpo-si, 2015, the Defendant stated that “The Defendant supplied the victim D with two kinds of steel products as collateral.” On the same day, a notary public drafted a fair deed of debt repayment contract for the transfer-backed debt with the said company to the said company two at the Gangseo-si office.

However, on April 12, 2012, the Defendant, upon receiving a loan from the Korean bank, did not notify the victim of this fact even though the Defendant intended to set up a mortgage on two of the above withdrawals in accordance with the Factory and Mining Foundation Mortgage Act.

Defendant acquired steel equivalent to KRW 101,592,920 from a person who was aware of the fact that the mortgage was established in relation to the above shooting machine, through supply of steel in the amount of KRW 101,592,920.

2. On January 9, 2015, the Defendant, like the statement in the preceding paragraphs, set up a collateral for transfer to two of the aforementioned companies as a security for the payment of steel credit, and on August 25, 2015, the Defendant had a duty to maintain and preserve the said collateral until the payment of credit is made in full. Since the Defendant, on August 25, 2015, set up a collateral for transfer to one company (350MG) and one company (SPE350) as a collateral for the payment of credit credit to the victim.

Although Defendant 212,567,423 had an obligation to pay credit equivalent to the above 212,567,423 won to the above victim, Defendant 2 violated his duty and transferred on October 2015, 2015 to the Habnman T&C Co., Ltd. the 212,567,423 won of the above 212,567,423 won of the above 212,567,423 won of the above 212,567,423 won of the above 30,000 won of the above 30,000 won of the debt.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (attaching to the president of the account);

1.Each.

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