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(영문) 대전지방법원 서산지원 2015.07.03 2015고단288
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[2015 order 288] The Defendant purchased the right of registration for electrical construction business held by D Co., Ltd. for KRW 400 million, and sentenced the victim E Co., Ltd to sell it for KRW 430 million.

On July 29, 2014, the Defendant entered into a contract for the transfer or acquisition of the right to register electrical construction business with the victim company G, which is operated by the Defendant, to sell the right to register electrical construction business in KRW 4,30 million to the victim company at the victim company's office located in Chungcheongnam-si, Chungcheongnam-si, and received KRW 50 million from the victim company to the national bank account in the name of the Defendant (Account Number:H) and paid KRW 4,000 among them to the above representative I.

On August 20, 2014, the Defendant made a false statement to the director of the victim company that “If he pays a heavy amount, he would normally obtain the right to register the electrical construction business from E Co., Ltd.”.

However, in fact, the Defendant was delinquent in national taxes of approximately KRW 13 million at the time and was paying KRW 150,000,000 for personal debts from the victim, and attempted to use the personal debts that the Defendant assumed, even if he was paid part payments from the victim, and the Defendant did not intend to use it as part payments for purchasing the right of registration for electrical construction business from the said corporation D, and eventually, the Defendant did not have the intent or ability to transfer the right of registration for electrical construction business to the victim company normally.

The Defendant, from the victim company, to a national bank account under the name of the said Defendant for intermediate payment out of the purchase price of the right to register electrical construction business, was KRW 70 million around August 20, 2014, and the same year.

8. Around 21.20 million won, a total of KRW 190,000 won, including KRW 120,000,000, was remitted and acquired by fraud.

Accordingly, the defendant was given property by deceiving the victim.

[Attachment 2015No427] Defendant [criminal power] Defendant on January 23, 2006.

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