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(영문) 서울중앙지방법원 2017.12.28 2017고단4551
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

(2) the date of this judgment.

Reasons

Punishment of the crime

[criminal record] On November 17, 2016, Defendant B was sentenced to a suspended sentence of one year of imprisonment for a crime of fraud at the Incheon District Court Branch Branch of the Incheon District Court, and the judgment became final and conclusive on November 25, 2016.

[2] Defendant B, from May 15, 2006 to December 2014, 201, was a person who was the representative director of H (ju) chain in sports and sports products wholesale business, such as golf appliances, etc.; Defendant A, from around May 15, 2003 to around December 2014, was a person who was operating the “J” of a private business chain manufacturing household products such as golf bags in the name of wife I.

Defendant

B, from around 2010 to the supply of “K” golf with Defendant A, it was necessary to borrow money from Defendant A due to business funds, such as cumulative accounts due to the accumulation of accounts receivable, etc., but it was difficult to borrow money under the name of Defendant A and Defendant A due to the existing debts and credit rating with respect to (State)L, etc., the agreement was reached between Defendant A and Defendant A to the effect that “The borrowed money shall be borrowed from Defendant A to appropriate it for the repayment of accounts receivable, and the borrowed money shall be repaid by Defendant B.”

Accordingly, the Defendants agreed to borrow money from (ju) L under the name of the above J, the representative of the said J, and the Defendants tried to enter into a guarantee insurance contract with the victim Seoul Guarantee Insurance for the purpose of collateral as the insured (ju) L between the victim and the victim for the purpose of collateral, and to enter into a guarantee insurance contract with the amount of the loan as the guaranteed amount. However, the victim Seoul Guarantee Insurance submitted a false contract for the supply of the loan for simple monetary consumption, which would not be required to enter into the guarantee insurance contract, and conspired to enter into the guarantee insurance contract.

Accordingly, on February 27, 2013, the Defendants paid the price for the goods to the “J” in advance, even though they were simply consumed, and offered and sold the goods to the “J” (State) H as the ordering agent of the “J”) by receiving the goods from the “J” and providing them to the “J” (State) H as if there was a claim for advance payment against the “J”.

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