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(영문) 서울중앙지방법원 2016.05.12 2015고합410

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

From June 2013 to July 2014, the Defendant is a person who was engaged in export and import brokerage related to feed and raw materials, etc. as the head of the strategic project team of the Victim F Co., Ltd. (hereinafter “F”) from June 26, 2013 to July 15, 2014.

On June 26, 2013, the Defendant became a member of F on June 26, 2013 and was in exclusive charge of brokerage trade related to the export and import of livestock raw materials, such as short margins and farms, and had no person who knows overseas trading business within F, thereby allowing F to enter into a contract with a foreign local company related to brokerage trade and perform affairs related to the execution of local funds in mind if only formal internal approval is given without a formal internal approval, while emphasizing the fact that the Defendant actually operates D, the Defendant had F engage in brokerage of the raw materials of feed, but had F engage in trading business through D with the fact that the domestic business network has been secured, and then had the Defendant take advantage of the fact that the domestic business network has been secured, thereby inducing F to engage in trading business through D, or attempted to use it for private purposes by deceiving funds from F as the trade price on the basis of a false export or import contract.

1. On August 30, 2013, the Defendant: (a) paid USD 1,205,750 (hereinafter “U.S. dollars”) to F; (b) imported USD 9,320 tons from G, a corporation of Thailand, and supplied them to H, a domestic feed producer, via D; and (c) received USD 1,217,372 in total from H, etc. to a Korean bank account (Account Number: I) from H, etc. from September 11, 2013 to September 13, 2013.

The Defendant was an employee of F, and was fully responsible for the trade affairs of the Pacific Mediation, and D was well aware that there was no special profit business and no surplus fund, in addition to doing business with F.