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(영문) 수원지방법원 2014.08.22 2012고합195 (1)

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[2012 Gohap195] The Defendant is an actual operator of F for the purpose of wholesale and retailing of building materials, such as steel.

On April 30, 2011, the Defendant stated that “I would normally pay the price if I sold outside the construction site,” at the office of the I Co., Ltd. (hereinafter referred to as “I”) of the victim H management in both countries.”

However, the Defendant borrowed KRW 300 million from the bond company and disbursed interest equivalent to KRW 10 million to KRW 20 million each month. The Defendant had no intention or ability to pay the price even if the price for the goods that was not paid to the victim by the above date was equivalent to KRW 485 million and the price for the goods that was not paid to the victim by the above date was supplied.

As such, the Defendant, by deceiving the victim, was supplied with an amount equivalent to KRW 221,67,402 on the same day by the victim and acquired it by deception, from that time until May 19, 201, received the total amount of KRW 620,216,350 through six times, such as the list of crimes, from May 19, 201.

[2012 Gohap305]

1. As the Defendant and K in common criminal administration with K needed business funds, etc., the Defendant stated in the bill of exchange with the Defendant, and K received the bill at the discount of the bill issued by the Defendant and used the discounted amount.

On August 8, 2010, the Defendant issued to K a copy of a promissory note (hereinafter “P”) dated 7, 2010, which consists of a half of the discount amount at the discount of the bill, to K in the M cafeteria located in Guro-gu Seoul Metropolitan City, the issuance of a copy of the discount amount, which is 33,50,000 won at the face value, 33,50,000 won at the discount of the bill, and the payment date on December 7, 2010.

Accordingly, K delivers the above bill to the victims from the victims R management S, which is located in Suwon-si Q around that time, and "the financial situation is difficult to reach, so the bill is discounted."

It is a bill that will be settled without any specification at the date of payment, and must be settled.