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(영문) 서울중앙지방법원 2017.10.13 2016고정3952
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The written indictment contains no service date on the third debtor's name, seizure and collection order regarding each fraud, but it does not appear that even if this part of the indictment is corrected ex officio, it would result in a substantial disadvantage to the defendant's exercise of his/her right to defense. Thus, the written indictment shall be corrected and recognized as stated in its reasoning.

The Defendant (hereinafter referred to as “victim”) from the Victim C Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”)

On August 27, 2015, a notary public received a certificate of fairness from a limited company on August 27, 2015 with respect to a claim to be received KRW 21,809,610, and thereafter on October 2, 2015, the amount of credit to be received from the damaged company was KRW 15,209,610 on October 2, 2015.

1. On October 5, 2015, the Defendant: (a) at the Seoul Central District Court located in Seocho-gu, Seoul, Seocho-gu, Seoul; and (b) even if the amount of the Defendant’s claim against the victimized company was actually KRW 15,209,610, the Defendant issued a seizure and collection order, upon submitting the original copy of the process certificate issued as above to the said court; and (c) on October 7, 2015, the Defendant filed an application for the seizure and collection order, and the obligee A (Defendant) issued a seizure and collection order, stating that the obligor C ( victimized Company) may claim KRW 21,834,910 against the obligor Co., Ltd., and the obligor’s claim against Han Bank Co.,, Ltd. may be collected.

As above, the Defendant, by deceiving the said court in charge, received a seizure and collection order against the claim 21,834,910 won from the said court, and acquired pecuniary benefits equivalent to KRW 6,600,000 by serving the said collection order on the third debtor on October 13, 2015.

2. On October 16, 2015, the Defendant: (a) seized the deposit claim against the Korean bank and collected KRW 461,778 by the damaged company on October 16, 2015; and (b) collected the deposit claim on October 19, 2015; and (c) the above court on October 19, 2015.

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