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(영문) 대전지방법원 논산지원 2015.08.21 2015고단150
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 23, 2012, the Defendant made a false statement that “The Defendant would pay the price if he/she delivers the stalking track to F of the victim E’s factory site at the D office operated by the Defendant, Inc., Co., Ltd., Ltd., Ltd., the Defendant, who is in the closing market.”

However, in fact, D Co., Ltd. has a business loss since 2009, more than KRW 800,000,000, more than assets, and more than KRW 1,400,000,000 have been liable from the Industrial Bank of Korea, local tax of KRW 22,00,000, national tax of KRW 26,000,000 was not paid, and there was no intention or ability to pay the amount, even if it was delivered by the victim, because it was economically difficult to operate because it was difficult for the victim to pay the wages and retirement allowances of its employees.

Accordingly, the Defendant, by deceiving the victim as above, received goods equivalent to KRW 45,000,00 from the victim.

2. On August 21, 2013, the Defendant appeared and taken an oath on October 14, 2013 in relation to the Daejeon District Court Branch Decision 2013Kao842 (No. 2013, Oct. 14, 2013), which was filed by the Defendant and D against the Defendant and D Company, on the date when the name of the property relationship was verified, held in the above court No. 1, and subsequently prepared and submitted a false list of property by stating that the following facts were “no.” as “no.” in the column that does not fall under the entire property list, even if there was a claim for return equivalent to KRW 7,936,450,

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of G and H;

1. A complaint prepared by G and its accompanying documents, and a copy of the entry fee statement, electronic tax invoice, copy of confirmation document, search of auction case, certificate of all registered matters, an application for voluntary auction of real estate, a copy of the decision (decision No. 2012Kahap118, Jan. 2, 2013, the Daejeon District Court Branch Decision No. 2013, Jul. 23, 2013), a copy of the application for demand for distribution, a copy of the decision (Supreme Court Decision No. 2013Da10385, Jul. 23, 2013

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