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(영문) 서울남부지방법원 2016.04.06 2015고단4994
사기
Text

A defendant shall be punished by imprisonment for four 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

On November 13, 2014, the Defendant was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for the crime of injury. On November 13, 2014, the said judgment became final and conclusive on the 21st of the same month.

The defendant, around February 18, 201, at the office of the Dispute Resolution Co., Ltd. in Yangcheon-gu Seoul Metropolitan Government D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D's representative, "a director has a claim to receive KRW 200 million and interest thereon from H, etc. according to a final judgment, and he/she is entitled to forced auction and receive dividends from H-owned real estate (hereinafter "the real estate of this case") based on his/her claim. Since he/she would normally transfer all of the above rights to receive dividends, he/she would normally transfer the above rights to receive dividends, and he/she received KRW 130,00,000 from the above damaged person who received the said horses through G to the corporate bank account in the name of the defendant, and KRW 30,000,000 from the national bank account in the name of the defendant's wife.

However, on October 7, 2009, the Defendant prepared a letter to the effect that he/she would not be held liable for any legal and monetary responsibility with respect to the above claim (hereinafter “written waiver of obligation”). Accordingly, the Defendant brought a civil lawsuit claiming the denial of compulsory auction of the instant real estate by the said H. Based on this, the Defendant was sentenced to a ruling of refusing compulsory auction of the instant real estate on November 24, 201. As long as the Defendant prepared a written exemption of obligation to H, even if he/she acquires the right to receive dividends from the Defendant in the compulsory auction of the instant real estate, he/she could not exercise the above right against H and receive a normal distribution.

Nevertheless, the Defendant concealed these facts and acquired the sum of KRW 160,000 from the Victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Copies of each letter;

1. Judgment.

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