특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is the chief director of E Co., Ltd. (hereinafter referred to as “E”), F is the representative director of the above company, and G is the person who is in the position of director of the above company.
E is a company that distributes food materials originally, and the application for changes in the indictment made on June 12, 2013 was stated as follows: “E was a company that distributes food materials originally and has not yet been engaged in plastic goods business.” However, according to the investigation records (such as 108 pages, 71, 72 pages, etc. of the investigation records of the preparation of the prosecutor), E can be recognized as having commenced the production of plastic goods by being supplied with raw materials by Hyundai EP company from around September 2010. Thus, the criminal facts should be recognized except this part.
Under the following circumstances: (a) the Defendant, F, and G had no capital at the time of the sales contract with the victim; and (b) the Defendant, F, and G had the real estate of another person and provided it as security to the Hyundai EP Co., Ltd. (hereinafter “Modern EP”), a supplier of raw materials, and intended to produce goods after being supplied with raw materials, but failed to prepare down payment.
On October 10, 2010, the Defendant conspired with F and G on October 10, 201, at the office of I real estate (the present J real estate) located at H, K and real estate brokerage assistant L, a real estate broker, purchased real estate in the course of operating P and establishing a security for the said real estate, and received the raw materials from Hyundai EP. In order to make this raw material and sell and pay intermediate payments and remainders, the Defendant seeks adequate real estate. The sales of our company are several hundred million won, and there is a business network across the country, and is also a factory in D. In addition, the Defendant made a false statement to the effect that the Plaintiff may pay the real estate price.”
Accordingly, the above K and L are found to have the objects.