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(영문) 서울중앙지방법원 2018.01.11 2017고합709

특정경제범죄가중처벌등에관한법률위반(사기)

Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year and six months.

[Defendant B] The defendant shall be punished by imprisonment with prison labor for one year

except that this shall not apply.

Reasons

Punishment of the crime

Based on facts acknowledged by the pleadings and records of this case, the facts charged were partially revised to the extent that the defendants' defense rights are not infringed.

1. Defendant A (2017 high 709) was the representative director of the IBA operating the business of manufacturing and selling electronic components from October 31, 201 to September 30, 2013.

The defendant knew that he can borrow money from the Dispute Resolution Co., Ltd., and concluded a false commodity purchase contract between the Dispute Resolution Co., Ltd. and the Dispute Resolution Co., Ltd. to conclude a guarantee insurance contract with the Seoul Dispute Resolution Co., Ltd.

On July 27, 2012, the Defendant borrowed money equivalent to KRW 750,600,000 from the Dispute Settlement Council of the K in Sung-si, the Defendant, at the office of the K in Sung-si, a simple consumption loan. However, “The K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the purchase of false commodities with the effect of

On July 30, 2012, the Defendant entered into a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. Co., Ltd. and the Seoul Guarantee Insurance Co., Ltd. Co., Ltd. and issued the performance guarantee insurance policy (advance payment) issued by the Seoul Guarantee Insurance Co., Ltd. Co., Ltd. to the Seoul Guarantee Insurance Co., Ltd. Co., Ltd. Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. and the insured Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd., and issued the performance guarantee insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. Co., Ltd. (Advance payment) to the Seoul Guarantee Insurance Co., Ltd.

On November 16, 2012, the Seoul Guarantee Insurance Co., Ltd., which has not received a loan from the defendant, filed a claim for insurance money with the Seoul Guarantee Insurance Co., Ltd. on the basis of the said guarantee insurance contract, and the said goods purchase contract is the true contract.