특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for four years.
Criminal facts
The defendant's deception as stated in the facts charged is found guilty within the same scope as the facts charged.
On July 2014, the Defendant, along with D and E, established the F Co., Ltd. F (hereinafter “F”) for the purpose of retail business of steel wholesale and retail business, and performed the duties of the director in charge of the business.
F Co., Ltd. was established by making the most advanced payment of capital without the initial operating capital, and the financial ability of F Co., Ltd. has deteriorated as it is difficult to secure the sales office at the early stage of the business, making it difficult to conduct its business against a company with poor financial capacity.
The F, which is in the financing shortage, generally paid the purchase price to the purchaser, was the end of the following month and sold steel materials at a discount below the purchase price, from November 2014, at a price below the purchase price of the steel materials supplied by the purchaser in the month from the purchase price to secure cash, and pay the purchase price to the purchaser in the previous month. In order to compensate for losses incurred by the sale of discount, the F, which is gradually increased in the quantity of steel materials supplied by the purchaser, to the purchaser.
According to these business methods, F's liabilities continuously increased, and around July 2016, the amount of liabilities already exceeded three billion won.
On September 1, 2014, the Defendant concluded a goods supply contract with F on September 1, 2014, on the ground that “F would supply steel materials to F and pay the price for the end of the following month, if it supplies steel materials to F” with the victim H, the representative director of G (hereinafter “G”) engaging in steel material sales business.
Since then, G supplied steel materials according to the F’s order, as seen above, while H was intended to sell steel materials supplied from around November 2014 to other companies at a discount due to financial difficulties, H deceivings that such materials were concealed and made normal sales.