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(영문) 인천지방법원 부천지원 2016.03.09 2015고단1569 (1)
사기등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

[2015 Highest 1569] Defendant B was sentenced on May 16, 201 to imprisonment with prison labor at the Seoul Eastern District Court for fraud, etc. on September 6, 2012, and the execution of the sentence was completed at the Net Prison on September 6, 2012.

[Criminal facts]

1. E-related crimes;

A. The Defendants were aware of the director H of the victim E’s joint crime in operating the corporation G in Sihh City F, and suggested to H the so-called credit transaction in which the Defendants received steel from the above victim company on credit and later paid the payment.

However, H expressed his intent that it is difficult to proceed with credit transactions without establishing the first priority collateral security right, and the Defendants concluded a sales contract with respect to Cheongju-gu, Young-gu, Seowon-gu, Cheongwon-gu, Y201 (hereinafter “the loan of this case”), which is owned by He, with I’s father’s father, and expressed his intent to set up a collateral security right in the name of the victim company, which is not adequate to secure the prices for the goods of the victim company, and receive steel products from the victim company.

On October 2013, the Defendants would set up the first priority collective security right with respect to the instant loan on behalf of the victim company by supplying steel products to Korea company on credit.

At present, the right to collateral security is established for the Saemaul Bank of Korea with respect to the loan of this case, but it is expected that it will be terminated immediately.

If the steel product is supplied, the price will be paid at the end of the following month after the new sale.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendants asked I to set up a right to collateral security under the name of the victim company when they concluded a sales contract with I on the instant loan and paid only the down payment, but they were rejected from I to the effect that it is difficult to set up a right to collateral security until the full payment of the purchase price was made. As such, the name of the victim company was forged to make I known.

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