beta
(영문) 수원지방법원 안산지원 2011.08.19 2010고합230

특정경제범죄가중처벌등에관한법률위반(사기) 등

Text

Defendant

A Imprisonment with prison labor of eight years and fines of seven thousand won, and Defendant B and C shall be punished by imprisonment with prison labor of one year and six months, respectively.

Reasons

Punishment of the crime

[2010Gohap230]

1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) entered the victim LA Co., Ltd. (Representative M) in which he produces and supplies the milk-free softs, around August 1999, and was working as the vice head in the business division from around 2008, and from February 2010, he was actually requested by NNA Co., Ltd or O Co., Ltd. to deliver the solitary products. However, although there was no fact that he received a request from the above companies to deliver the solitary products, he had the intent to deceiving the damaged company to receive the solitary products, and then sell them to P, Q, etc.

Defendant A, at the office of the company located in Ansan-si, Seoul-si, a member-gu, on February 12, 2009, made false statements that Defendant A received orders from Defendant A to supply her goods to the head of the flag factory of the victimized company, “N was ordered to deliver her goods.” Its member released 1,521 kilograms of 1,521 kilograms (market price of 60,686,369 won) from the victimized company. From that time until March 17, 2010, Defendant A received approximately 1,050 tons of her goods (including the market price of 40,152,334,902 won, value-added tax amounting to 60,686,369 won) by the aforementioned method, from that time until March 17, 2010.

B. The misrepresentation of the misrepresentation of transaction by O Co., Ltd. Defendant A around May 2009

At the same place as set forth in paragraph 2, the above S made a false statement to the effect that “the goods were ordered to be supplied by the O Co., Ltd.”, and it received from the victimized Co., Ltd the 3,080 kilograms of 3,080 kilograms (market price of 68,919,210 won) (P/F434 BLET) and from that time, approximately 543 tons of the rush of 543 tons (including the market price of 20,050,181,842 won, and value-added tax amounting to 20,000 won) from that time until March 18, 2010, as set out in attached Table 2 of Crimes List 2, from that time.

2. Defendant A, as above, shall operate the L Co., Ltd. with respect to the fabrication of private documents and the uttering of falsified documents.