logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.08.08 2014고합124
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd., a company distributing agricultural and livestock products.

On December 2, 2012, the Defendant: (a) made a false statement that “F, in the office of the victim G farming association corporation, the representative director, was in a situation where the amount is urgently needed due to the repayment of interest on loans from the victim G farming association corporation; (b) made a transaction with F Company D, which had been operating H prior to about ten (10) years; and (c) made a prompt demand for money; (d) however, the Defendant made a false statement to the effect that “F, in the office of the victim G farming association corporation, was in a situation where the Plaintiff supplied the Plaintiff G farming association corporation D, which was operating the G farming association corporation, to create KRW 70 million by taking the land amounting to KRW 38,00,000,000,000,000,000,000,000 won, after being supplied by the G farming association corporation as security.”

However, at the time, the Defendant was unable to engage in normal business because he did not receive the land from the I Co., Ltd., and even if the I Co., Ltd. received the land from the I Co., Ltd., the Defendant was required to sell the land at a volume of 20 to 30% in order to raise the funds rapidly, so even if I received the land supply from the I Co., Ltd., it was not possible to create KRW 700 million agreed upon with the victim G Co., Ltd., and it was thought that part of the sales proceeds from the supplied land was used as the operating expenses of D Co., Ltd.

On January 3, 2013, the Defendant: (a) had F establish a written confirmation that “The Victim G Farming Association borrowed KRW 700 million and set up the maximum debt amount as KRW 2 billion with the maximum debt amount; and (b) had F set up the right to collateral security with KRW 39 on the land of the said 39 parcel of land, the Defendant created the right to collateral security with KRW 2 billion with the mortgagee I Co., Ltd., the debtor D Co., Ltd., the victim G Co., Ltd., the maximum debt amount, and the maximum debt amount.”

Accordingly, the defendant G.

arrow