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(영문) 서울서부지방법원 2015.01.13 2014고합284

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around May 7, 2014, the Defendant, as the representative director of C, concluded a false statement to the effect that “The Defendant sent an order for the issuance of goods at the office of the foregoing company located in Eunpyeong-gu Seoul Metropolitan Government D, and the representative director E-F, to deliver them to the military units, etc. In order to supply Samsung C’s oil mold, the price shall be paid at the latest by June 5, 2014.”

However, in fact, C Co., Ltd. has weak price competitiveness of the renewableer business since the mid-2013 and operated state. From the end of 2013 to the end of other suppliers including the above victims, G Public Prosecutor Co., Ltd.: (i) supplied flaps from other suppliers, and entered them in the indictment as “I”; (ii) the Defendant supplied flaps from the delivery company and sold them to the dumping company, as “G” (see, e.g., evidence record 165 pages), and without changing the indictment, correction is to be made as above.

On the other hand, the above company name was presented to the defendant in the course of the investigation and the trial of this case, and the defendant all confessions the crime. Thus, even if the name of the company was corrected as above, there is no obstacle to the defendant's exercise

Since the seller, etc., who sold the goods at the container by dumping, paid the proceeds from the sale to the supplier again as the price for the goods, etc., he/she operated a kind of “fluoring machine” type and accumulated the enemy, bears a liability of approximately KRW 700 million around May 2014, and thus, there was no intention or ability to pay the price within a given period even if the goods are supplied by the victim.

In addition, the Defendant was supplied with the instant victim’s earth and sand in an amount equivalent to KRW 527,565,696, around May 7, 2014, around May 8, 2014, and around June 2, 2014, and paid only part of the price, and acquired property benefits equivalent to the said amount by not paying KRW 496,840,996, as stated in the list of crimes.