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(영문) 인천지방법원 2016.04.08 2015고단8364
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On November 28, 2014, the Defendant was sentenced to a two-year imprisonment with prison labor at the Incheon District Court on the grounds of fraud, etc., and the judgment was finalized on January 23, 2015.

The defendant is the representative director of corporation C with the purpose of aggregate wholesale and retail business, and is actually operating corporation D with the purpose of mid-term rental business, etc., and E is the representative director of the FF corporation with the purpose of trucking transport business, and the defendant is the child of E.

On August 17, 2012, the Defendant stated to the effect that “The Defendant would provide the victim I with a bill of exchange issued on a face-to-face loan and pay the amount of the bill in the manner of settling the amount of the bill on the day of the payment,” at the H office located in the Nam-gu Incheon Metropolitan City building 205, Nam-gu, Incheon.

However, in the case of the above F, monthly sales are approximately KRW 10 million, and there was no particular revenue if the company operation expenses were incurred from the sales. From around 2010, E did not have the ability to settle the payment even if a promissory note was issued. From around August 2008, the Defendant was punished 12 times as a violation of the Labor Standards Act, and the Defendant was unable to pay wages exceeding KRW 30 million as of August 201, and even if it was borrowed money, such as the debt with KRW 30 million, there was no intent or ability to pay the above FF issuance, and even if it was issued to the victim as a security for the borrowed money, there was no intent or ability to settle the payment on the payment date.

Nevertheless, the Defendant, in collusion with E, delivered a promissory note with F issuance as security for the borrowed money, and received 8.2 million won from the injured party to the Nonghyup account in the name of the Defendant on August 17, 2012, from that time to November 28, 2012, from that time, the Defendant received 8.2 million won from the injured party as the borrowed money.

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