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(영문) 서울남부지방법원 2015.07.16 2014고합529

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2014 Gohap529"

1. Around February 28, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the effect that, in the case of a stock company run by the Defendant located in Orcheon-gu, Orcheon-gu D, Ocheon-gu, the Defendant “I will deliver the entrance and make a self-denunciation bill or other bill of exchange, and pay the price at the due date of the bill.”

However, from 2012 to 2012, the Defendant, after receiving the entrance due to the pressure of funds, was in operation of the so-called "processing of Scrap iron" to prepare cash at a price lower than the supplied price, and was in operation to prevent a return of the bill. The amount that was not paid by the Defendant around September 11, 2014, when the Defendant defaulted on the bill, was in total of five billion won. The Defendant did not have any intent or ability to pay the amount normally even if the Defendant received the entrance from the victim after receiving the entrance due to the pressure of funds.

Nevertheless, the Defendant received a lecture amounting to KRW 21,882,850 from the victim and received lectures equivalent to KRW 610,929,50 from around that time to July 4, 2014 by the same method as indicated in the separate crime list.

Accordingly, the defendant was given property by deceiving the victim.

"2015 Gohap37"

2. The Defendant is the representative director of E, a corporation established for the purpose of the pipeline and steel sales business.

The Defendant received, from June 2008, the special pipes, etc. produced from the victim Geum River Industrial Co., Ltd. for the purpose of manufacturing and selling pipes from the above E offices located in Bupyeong-gu, Sincheon-gu, Sincheon-si, and paid the price in bills. However, due to the low demand in the steel industry, the Defendant was under pressure to pay the purchase price in the situation where the purchase price is not smooth and the settlement date of bills continues to arrive.