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(영문) 서울중앙지방법원 2017.11.08 2017고정841
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 15, 2015, the Defendant invested KRW 120,000,00 in the public performance price to the Dispute Resolution Co., Ltd., and the actual operator of D and D and D in the Dispute Resolution Co., Ltd. jointly and severally guaranteed the recovery of investment and investment profits, and prepared a fair certificate with respect to promissory notes issued by E and D for the purpose of securing joint and several liability.

Since July 16, 2015, the Defendant and the Bank of Bankruptcy agreed to terminate the agreement even in the middle of the above investment agreement, and the said promissory note fairness certificate has lost its effect by repaying all the principal of investment and agreed profits around July 20, 2015.

On the other hand, on August 7, 2015, the Defendant again invested KRW 350,000,000 in a public performance payment to the Dispute Resolution Co., Ltd., and as a result, the Defendant could not recover the investment and investment returns, he was willing to recover the claim by using the said a promissory note’s fair deed as it lost its effect.

In around October 21, 2015, the Defendant applied for the seizure and collection order of the amount up to KRW 1,50,000 among D’s benefit claims against the Hyundai Securities Co., Ltd., and received the seizure and collection order of the claim at that time. The above seizure and collection order of the claim reaches Hyundai Securities Co., Ltd. around November 2, 2015, and acquired property profits equivalent to the same amount by submitting D’s joint and several debt debt debt to D upon repayment of the principal debt. Despite the loss of the validity of the above promissorysory note’s deed, the aforementioned certificate of the fairness of the promissory note was submitted to the above court.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement made with respect to E and D;

1. A copy of the instant search output, a copy of the process deed, a copy of the promissory note, a copy of the order of fixed support to the District Court (other than 2015 claims seizure and collection order), a copy of the performance investment contract (120 million won), and a copy of the performance investment contract (120 million won).

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