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(영문) 창원지방법원 통영지원 2019.01.22 2016고단1546
사기미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【2016 Highest 1546】 The Defendant is the representative director of Company B (hereinafter “B”).

On September 24, 2009, the Defendant, together with C, decided to proceed with the new apartment construction business under the name of the victim D Co., Ltd. (hereinafter “D”), and was appointed as D’s representative director on September 24, 2009. Since F decided to invest KRW 500 million in the said new apartment construction business, according to the investment agreement concluded between C and F, the Defendant resigned from D’s representative director on October 19, 2009, and C was appointed as D’s representative director on the same day, and F was appointed as D’s auditor on the same day. Since the aforementioned new apartment construction business did not run properly, F was dismissed from D’s representative director and took office as D’s representative director. The Defendant settled that D’s representative director was paid in excess of B’s business expenses after having been recognized as having borrowed KRW 50 on November 18, 201 as B’s seal imprint or re-paid.

“After forging the statement in the name of D, on December 26, 2013, the Plaintiff filed a loan claim suit (the Changwon District Court 2013Gahap3121) seeking a total of KRW 367,040,00,000 including loans, etc. based on the above statement against D in the name of the Changwon District Court Yan District Court Yannam-si, Dongwon District Court Yan District Court Yannam-si, and a delay damages therefrom. As above, the Plaintiff submitted a forged statement as evidence and tried to receive the total of KRW 367,040,000 including the above loan, etc. from D and receive a favorable judgment, but on November 27, 2014, the Plaintiff’s claim from the said court is dismissed.

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