logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2018.08.10 2018고단377
강제집행면탈등
Text

A defendant shall be punished by imprisonment for six 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

1. Fraud;

A. On December 5, 2016, the Defendant is entitled to receive money from the victim E with gains from the market price when selling real estate through a court auction at the D Authorized Broker Office operated by the Defendant on December 5, 2016, which is located in C around Fagpo-si on December 5, 2016.

If an investment of KRW 30 million is made, the sum of the principal amount of KRW 30 million and the market price of KRW 10 million will be KRW 40,000,000,000,000 to the Haman on March 2017 by receiving a successful bid for the victim's real estate on behalf of the victim.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant lent 15 million won out of the above 30 million won to F. The Defendant did not think that he would use the remaining 15 million won for an auction at a court. In addition, the Defendant did not have any intention or ability to pay the money from the damaged party, such as using it for personal purposes. Since it did not have any special property other than the amount of KRW 10 million in the market price and the office rent deposit, the Defendant did not have any intention or ability to pay the money even if he received the money from the injured party.

The Defendant was transferred KRW 30 million to the Nong Bank account (Account Number: G) in the name of the Defendant under the name of the damaged party for the same day of investment.

B. On August 29, 2017, the Defendant, at the place indicated in paragraph 1-A around August 29, 2017, would repay the sum of KRW 50 million, including the sum of KRW 40 million investment and profits, if he/she loans KRW 10 million as he/she needs to pay money to the said victim, at the place described in paragraph 1-A around August 29, 2017.

“The purpose of “ was to make a false statement.”

However, the Defendant did not have the intent or ability to repay the above even if he borrowed the money from the injured party.

The Defendant received KRW 10 million from the damaged party to the above NongHyup Bank account under the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. The defendant has failed to pay KRW 50 million to the victim E, and is placed in the situation where compulsory execution is to be completed from the person who suffered damage on several occasions by receiving demands from the victim.

arrow