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(영문) 대구지방법원 경주지원 2017.05.24 2017고정82
사기등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Basic Facts] The defendant lent D 2,000,000 won (Fair Deed 2003-212, face value 3,000,000 won) to D around March 6, 2003, 4,000,000 won (Fair Deed 2003-217, face value 5,000,000 won) to E around March 7, 2003, and 3,000,000 won (Fair Deed 203-412) to F around May 6, 2003, as a guarantor, and lent G to G around August 2, 2004, including KRW 10,000,000 (No Deed 200-10,000,000,000) to G,050,000,000 won

The Defendant received reimbursement of KRW 2,00,000 among KRW 4,00,000 for E on May 6, 2003. Of KRW 10,00 for G around October 27, 2004, KRW 5,000,00 lent by H around October 27, 200, KRW 10,000 for H with the payment of dividends of KRW 5,897,825 during the compulsory auction procedure for H-owned racing (P) and received payment of KRW 12,00 for the remaining debt (D 2,00,000, KRW 2,000,000, KRW 3,000, KRW 300, KRW 00, KRW 5,000, KRW 1000, KRW 5,000, KRW 3000, KRW 5,0000, KRW 5,000, KRW 300, KRW 5,000, KRW 5,000.

[2] Defendant 1 had the intent to enforce compulsory execution against G’s movable property, F, D, and E by deceiving the court as if the debt was still in existence, on the grounds that the aforementioned process was discarded or kept without returning the said debt despite having received all loans.

1. The Defendant did not receive reimbursement of KRW 5,400,00 from G by taking advantage of his custody of the above process deed (204-1010).

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