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(영문) 인천지방법원 2018.02.07 2017고단2214
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from January 2007, operated E Co., Ltd. established for the purpose of selling high-pressure gas in Incheon Cheongjin-gun, Incheon, and moved its place of business to the Seo-gu Incheon, Seo-gu, Incheon around August 2015, and was doing so until June 2016.

While the Defendant continued to be supplied with gas from the victim Yangyang Industrial Gas Co., Ltd. in the course of operating the E Co., Ltd., the Defendant did not pay gas equivalent to KRW 810 million to the victim Co., Ltd. on April 2013. Accordingly, the victim Co., Ltd. determined that the establishment of senior mortgage has no value of collateral because the real estate owned by E Co., Ltd and the real estate owned by the Defendant was registered, and that the Defendant would not supply gas to the Defendant through G, by deeming that there is no value of collateral.

On April 3, 2013, the Defendant provided the victim company with a security for the transfer of gas containers equivalent to KRW 400 million owned by the EE, and repaid in full the amount of gas equivalent to KRW 400 million to April 3, 2014, 1 year after the date when the gas was supplied on credit, and if the change is not made, the Defendant will deliver the gas containers provided as security for transfer.

Around April 4, 2013, a notary public, who is in the same 243-7 of the Gwangjin-gu Seoul Special Metropolitan City, borrowed the unpaid gas price from the Sungdong Industrial Gas Co., Ltd. on April 3, 2013 by lending KRW 400 million to E Co., Ltd. to the debtor E Co., Ltd. on the same day.

will be fully repaid on April 3, 2014.

The obligor transferred the ownership of the article listed in the separate sheet, which is his own possession, to the obligee by means of possession revision for the purpose of securing the performance of the above obligation, and the obligee acquired it by transfer.

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