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(영문) 인천지방법원 2017.05.11 2016고단4752
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On February 28, 2014, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Labor Standards Act in the Sungnam branch of Suwon branch of Suwon branch of Korea on the grounds of violation of the Labor Standards Act, and the judgment became final and conclusive on October 7, 2014.

[2] The criminal facts of Defendant E are those who run a half-way and livestock product sales business company D (hereinafter “D”) in Sung-nam-si, Sungnam-si, and the victim E Co., Ltd. (hereinafter “E”) is the manufacturing and selling company of half-way and half-way in F in Gyeonggi-si.

1. On August 28, 2013, the Defendant supplied the victim E’s representative director G, who is the business partner, to “at present home fracks, kimchi, etc. to the home fracks store.”

In the future, it is expected to receive the price of supply by settling the home fluor and settlement.

The Home Plux said that the Home Plux continued to supply the Teluxs to transfer his claim to the Home Plux.”

However, on August 13, 2013, the Defendant already entered into a contract to establish a collateral security right for each claim with the representative director of Sungnam-gu, Sungnam-gu, the business entity I (hereinafter “I”) of the food materials selling company I (hereinafter “I”) and the Home P, which is located in P, the business entity of Seongbuk-gu, Sungnam-gu, the business entity of customers, for the above claim amounting to KRW 300 million and KRW 150 million. On August 14, 2013, the Defendant entered into a contract to establish a collateral security right for each claim with the maximum amount of the claim amounting to KRW 300 million and KRW 150 million, and there was no intention or ability to pay the amount even if he/she received the consent from the injured party.

The Defendant does not notify the victim of the fact that the Defendant had already registered the creation of the right to collateral security against the Home Plus, but pretended as if the Defendant could normally repay the price, and this year from August 13, 2013 to the injured party.

9. Until 30.30, there was a supply of half goods equivalent to KRW 132,031,670 in total.

In this respect, the defendant deceivings the victim to take property.

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