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(영문) 의정부지방법원 2014.05.02 2013고합477

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

B Imprisonment with prison labor of two years and six months, and Defendant A shall be punished by imprisonment with prison labor of three years.

Reasons

Punishment of the crime

1. Defendant A is a person who was indicted on July 30, 2013 for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Sung-nam Branch of Suwon District Court and is currently pending in trial.

The Defendants are married couple, and from October 2009, the Defendants were to operate the Textiles Manufacturing Co., Ltd. 626 of the G Building 626 of the Hanam-si from October 2009, together with H, and to exercise overall control over the company’s business entity, such as transaction with the business entity and price settlement, and have closed the said company around May 2013.

2. Defendants’ co-principal conduct

A. 1) The Defendants conspired to sell the fraudulent part using false credit from the sales company’s position in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the government branch of the Korea Credit Guarantee Fund located in the Government-dong of Jung-si on November 29, 2011, and the fact that H Co., Ltd. (hereinafter “stock company”) sold the goods to K in the Bank of Bank of Korea, even though there was no fact that H(a) sold the goods to K in the Bank of Bank of Korea, the supply price of which is equivalent to KRW 400,014,450, and KRW 75/36 SDA’s fiber “SDA” (hereinafter “sales claim”).

As such, for a selling company that prepares and submits a false tax invoice, etc. and distributes funds from the Korea Credit Guarantee Fund as security for insurance sales claims amounting to KRW 400,014,450,00 from the Korea Credit Guarantee Fund, the Korea Credit Guarantee Fund issues insurance bonds after receiving a certain amount of fees from a selling company and thereby allowing a selling company to obtain a bank loan as security for insurance claims with sales claims. However, the facts of electronic insurance bonds under a guarantee product contract that allows a selling company to obtain a bank loan as security with sales claims are stated as “onee-life insurance bonds,” but it is apparent that it refers to the electronic insurance bonds issued by the Korea Credit Guarantee Fund for individual sales claims after the signing of the Korea Credit Guarantee Fund, so that it is possible to make it clear that the victims would be issued with regard to such claims.