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(영문) 부산지방법원 동부지원 2016.11.01 2016고합47

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal power] On January 20, 2012, Defendant A was sentenced to one year and four months of imprisonment for fraud at the Busan District Court, and on July 30, 2012, Defendant A terminated the execution of the sentence on September 17, 2012 after the paroled at the Busan Detention House.

【Criminal Facts】

Defendant

A is the representative director of (State)J established for the purpose of freezing fishery products wholesale and retail franchise business, and (State) the actual operator of (State)J, who has overall control over all the duties, and Defendant B is the representative director of (State)J in charge of the development of new products, distribution of logistics, etc. of the above State I.

The Defendants conspired to use the borrowed money as if the company’s hostile state continues to operate funds, lack operating funds, and demand the payment from the customer, and the business prospects are revealed.

Defendant

B, the company reported the black in the process of work to K, and if only funds are available, it can be seen that the company directly purchases large amounts of money, and thus, it is called to receive a person to lend money.

around January 26, 2015, the Defendants issued a false statement to the victim H and M introduced through the above K at the (State) I Office located in the Busan metropolitan area, Busan metropolitan area. The Defendants would be able to purchase a large volume of 500 million won if they lent KRW 500 million to the franchise store. (State) If they were offered a proposal to purchase (State) M&A of 10 billion won after (State) M&A of 10 billion. If they borrowed KRW 500 million, they would be able to repay within six months and pay interest at 2% per month. If they were to obtain a loan at the Busan metropolitan area within six months, they would be able to repay KRW 50 million if they were to obtain a loan.”

However, at the time of fact, the above state (State) continued to have a debt equivalent to KRW 200,000,000, such as the unpaid amount to the customer, and it was not paid at the time of monthly salary of employees.

(b).