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(영문) 대전지방법원 논산지원 2014.11.28 2014고단244
사기
Text

1. The defendant A shall be punished by imprisonment for six months and imprisonment for eight months, respectively;

2.Provided, That this judgment shall become final and conclusive, respectively.

Reasons

Punishment of the crime

In fact, the Defendants, even though there was no claim of KRW 200 million against the victim farming association E (hereinafter “victim”), made a public offering to acquire property benefits by means of the compulsory execution by taking advantage of the fact that the creditors A, the debtor damage corporation, and the security transfer contract of December 22, 201 (hereinafter “instant security transfer contract”) with the amount of KRW 200 million as the creditor A, the debtor, and the security transfer contract of December 22, 201, and the security transfer loan contract of money transfer transfer contract of December 29, 201 (hereinafter “instant notarial deed”) were prepared.

Defendant

B According to the above public offering, around August 2012, the Daejeon District Court rendered a request for distribution of dividends to the compulsory execution procedure of movable property owned by the victimized corporation based on the instant notarial deed in the Daejeon District Court Seosan Branch on behalf of Defendant A.

(2012. In addition, on September 19, 2012, in accordance with the above public offering, Defendant B filed an application for seizure and assignment order with respect to the goods-price claim of KRW 200 million on behalf of Defendant A, with the Home Plus Co., Ltd., EPDD, and Home Plusco Co., Ltd, with the claim of KRW 200 million as the preserved claim.

(2012) As a result of compulsory execution against movable property owned by the victimized Corporation, Defendants conspired to deception the court, and compel the court to distribute KRW 6,159,200 to Defendant A as a result of compulsory execution on August 10, 2012. On September 20, 2012, the court deceivings the court to seize and assign the claims against the victimized Corporation’s home plers Co., Ltd., EsPDD Co., Ltd, and Home Pitco Co., Ltd., and on October 30, 2012, the court received KRW 9,521,680 from the Home Pitco Co., Ltd. on October 30, 2012; and on November 29, 2012, the court ordered the Defendant A to distribute KRW 6,265,307 to Defendant A as a result of compulsory execution against the victimized Corporation’s goods purchase claim against the D&C Co., Ltd.

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