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(영문) 광주지방법원 해남지원 2016.03.30 2013고합45
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for two years, and Defendant D for one year, respectively.

However, this judgment is delivered against Defendant D.

Reasons

Criminal facts

Defendant

A is the actual manager of A Co., Ltd. I (hereinafter referred to as “I”), and Defendant D, the wife of Defendant A, is the representative under the name of I, and was in charge of I’s fund-related work, such as approving the transaction price of I and the Victim J Co., Ltd. (hereinafter “victim”).

1. Defendant A and D’s fraud: (a) around March 2006, from around August 2009 to August 2009, Defendant D created a collateral security (hereinafter “instant real estate”) with respect to the company that suffered damage by the right holder of the lower party, the debtor I, and the maximum amount of claims KRW 600,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

On June 20, 2012, I agreed that I would receive business support from the victimized company instead of paying part of the long-term unpaid debt to the victimized company, Defendant A and D would be able to extinguish the right to collateral by receiving documents necessary for the cancellation of the right to collateral security with respect to the instant real estate provided as collateral to the victimized company.

Defendant

D intervene in the process of consultation, such as sending the contents of consultation to the damaged company by e-mail, and around June 25, 2012, Defendant A met with Defendant A at the I Office. Defendant A stated that “I will keep documents related to the registration of cancellation of collateral security right until the specific matters of consultation are determined, on the face of the documents related to the registration of cancellation of collateral security right established on the instant real estate, by providing the instant real estate as collateral to the financial institution if the J Company cancels the registration of senior collateral security right established on the instant real estate.”

However, the defendant A and D have a record of cancellation of mortgage from the damaged company.

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