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(영문) 부산지방법원 2016.10.13 2015고단8721
사기
Text

Defendant

A Imprisonment with prison labor for six months, for eight months, for eight months, and for ten months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

"2015 Highest 8721" (Defendant A, B) C (the same day of indictment suspension disposition) is the actual operator of the KK corporation in the J of Hanam-gun, Hanam-gun, and the defendant A is the representative director in the name of the above company, and the defendant B was the chairperson of the above company.

At around May 2013, the Defendants, along with C, provided the said four parts of the machinery as security and raised funds from the victim with “The four parts of the cutting machines used by the said company are owned by K Co., Ltd., and no collateral was established.”

On May 28, 2013, Defendants and C drafted a notarial deed to the effect that “the victim borrows KRW 100 million from the victim, repay it until August 30, 2013, and offer four parts of cutting machines owned by K Co., Ltd. as collateral” at a notary N office located in Changwon-si M in Changwon-si, Changwon-si.

In addition, the Defendants and C provided the victim with a written confirmation of transfer under the name of the Korean Capital Co., Ltd., stating the following: (a) in order to confirm the fact that four costs of the above cutting machine are owned by K Co., Ltd. and there is no security established on the machine; and (b) in order to confirm the fact that there is no security established on the machine.

However, in fact, the Defendants and C had already been provided as security for Samsung Capital, and the remaining three of the machinery was leased, and thus, it was not owned by KF, and the transfer confirmation of the above Korea Capital Capital Co., Ltd. was prepared to the effect that the lease price for other machinery was paid in full, not for the above 4th machinery.

In addition, since K Co., Ltd did not have profits at the time, the Defendants and C did not have the intent or ability to repay it up to August 30, 2013, even if they borrowed KRW 100 million from the victim.

Defendants and C are the victims, and they are community credit cooperatives under the name of K Co., Ltd. on May 29, 2013.

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