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(영문) 인천지방법원 부천지원 2013.10.11 2013고단2375
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person who operated a furniture manufacturing business that supplies apartment house attached houses with the name of “D” at the construction site in Incheon-gun, Inc. at the construction site. On May 10, 2012, the Defendant said that “G” in the victim FF management in Nam-gu, Incheon-gu, Incheon-gu, would lend KRW 60 million to the victim via H, who is the chief of the accounting division of the said company, through the above company’s accounting division. The Defendant would pay the principal and interest on bank rights by adding the interest rate of KRW 8.2% per annum to July 10, 2012. If the Defendant is unable to believe the financial situation of the said company, he/she would lend money to the Defendant’s personal qualification, and the Defendant would repay the principal and interest on the loan within the period of payment under the above agreement without the mold.”

Accordingly, the victim is willing to lend the defendant's intent to repay even if he/she is a personal property, and the defendant promised to repay the defendant's personal property regardless of the financial situation of the above company regardless of the above company's financial situation, and 60 million won was remitted from the company bank account in the name of the defendant to the company bank account in the name of the defendant.

However, at that time, the Defendant did not have any property under the name of the Defendant, and there was a debt of KRW 30 million with the Defendant’s personal debt to HK Savings Bank, and even though there was two apartment bonds in the name of the Defendant’s wife, the said company provided water guarantee in obtaining approximately KRW 1.1 billion from the Korea Credit Guarantee Fund in obtaining loans from the Korea Credit Guarantee Fund, borrowed each of the above apartment houses in an aggregate amount of KRW 400 million, and there was no property value at all, including the obligation to return the deposit in relation to the above apartment house and the obligation to return the deposit in an amount of KRW 235 million. While the above company’s management exceeded the obligation, the average balance in the account of the national bank account, the principal bank bank of the said company, was unable to be exempted from the hostile management from the beginning of the year 2012 while the above company’s management exceeded its obligation, and there was a very aggravated financial situation on May 20, 2012.

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