특정경제범죄가중처벌등에관한법률위반(사기)등
1. Defendant A shall be punished by imprisonment for two years.
Defendant
Of the facts charged in this case against A, victim H, I, J, and I.
Punishment of the crime
Defendant A is the actual management owner as the representative director of AM corporation (hereinafter “AM”) located in AL at the window of Chang-si, Changwon-si, and Defendant B is a person in charge of funds and overall business as a general manager of the foregoing company.
1. On June 2014, the Defendants: (a) agreed to transfer the sales claim on AMF (hereinafter “N”) to the Korea Slick Bank between the victim Korea Standards Co., Ltd. (hereinafter “Korea Standards”); (b) and (c) around December 30, 2015, the Defendants transferred the sales claim for KRW 758,395,660 of the sales price paid by AMF to the Korea Slick Bank in December 2015, and received KRW 758,395,660 from the Korea Slick Bank in the name of Korea as the transfer price for the said claim on the same day.
However, around January 2016, Defendants were unable to pay bills issued to customers because of the serious financial difficulties of AM by around 2016, and collected sales claims against Ear for the amount of divided transactions in December 2015 from EarN to the victim.
AM has been invited to use the bill for the purpose of the settlement of bills issued by AM.
around that time, Defendant B requested a person related to NN to pay a part of the trading price of 758,395,660 won in December 2015, on January 31, 2016, which was the date of payment, and received KRW 200,000,000, which was a part of the trading price in December 27, 2015 from N, from AM, to the said account in the name of AM.
Therefore, although Defendant A, who manages the above account, was in a position to keep the above money for the Korea Sldrid Bank, he instructed Defendant B to use the above money for the purpose of the settlement, etc. of bills issued by AM. Accordingly, Defendant B around that time, out of the above KRW 200,000,000, 194,359.