beta
(영문) 서울중앙지방법원 2018.08.31 2017고합1282

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

As to the crimes of No. 2, 5, and 6 in the judgment of the defendant, the crimes of No. 1-A, 2, 3, and 4 in the judgment.

Reasons

Punishment of the crime

[Criminal record] On January 18, 2013, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on May 20, 2013.

[Criminal facts] 2017 Gohap 1282

1. The defendant who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with respect to the victim B savings bank:

A. (b) was granted property by deceiving the damaged company as described in paragraph (b);

A. On July 25, 2012, the Defendant: (a) leased part of the E office located in Kimpo-si D, Kimpo-si, and established a plan to operate the company by selling gold bars purchased without any particular funds.

On August 2012, the defendant would supply the steel and H beam to F, who is an employee of the Dispute Resolution Co., Ltd., in the office of LAB and pay the full amount of the price in cash on the face of the week by supplying the steel and H beam to F.

A false statement was made.

However, as the Defendant planned to sell the steel bars, etc. supplied by the victimized company at a lower price than the purchase price, even if all sales proceeds of the said steel bars, etc. were paid to the victimized company, the Defendant could not pay the full amount of the sales proceeds of the said steel bars, etc. In addition, due to the situation where the sales proceeds of the said steel bars, etc. have to be disbursed as the sales proceeds of the said steel bars, etc. because there is no other funds or incomes, and there was no intention or ability to pay the full amount of the sales proceeds to the victimized company

Defendant deceiving the victimized Company as above, and from August 22, 2012 to June 30, 2013, the Defendant supplied 2,616,083,879 Won in total and H 2,920,115km and paid 652,378,128 of this amount among this by receiving supply of steel bars equivalent to 2,616,083,879 Won and H sn beam 2,920,115kms of the total market price from August 2, 2012 to June 30, 2013.

B. The Defendant, as described in the preceding paragraph, has continued to increase the amount of the unpaid payment, while receiving the steel bars from the victimized company, etc.