특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for four years.
An applicant for compensation shall be dismissed.
Punishment of the crime
【Criminal Power】 On April 23, 2020, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Daegu District Court on August 2, 2020 and the judgment became final and conclusive on May 2, 2020.
【Criminal Facts】 2020 Gohap199】
1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is a person running a "D", which is a steel product distributor in Daegu North-gu, and the victim E is a person operating steel products wholesale and retail business (ju)G from the Samsung-si.
On August 5, 2019, the Defendant made a false statement to the victim by telephone at a place where the name is unknown, stating, “The Defendant would deliver sn beam steel products equivalent to KRW 15,930,640 to the site of the construction in Yeongdeungpo-gu, Youngcheon-si.”
However, the Defendant: (a) sold the steel supplied by the victim with the dumping of the said steel; and (b) was able to use such profits for the purpose of paying for unpaid payments and paying for debts to other companies; (c) was liable to pay approximately KRW 170,000,00,000, such as loans, without any particular property at the time; and (d) the Defendant, other than the victim, was able to pay for the said amount of the steel supplied by many other steel suppliers; (c) was able to make a prompt payment of the said amount of the steel supplied from several other steel suppliers; and (d) subsequently closed the said “D” around November 2019, the Defendant did not have any intent or ability to pay the amount normally
The Defendant received steel products equivalent to KRW 15,930,640 at the market price around August 5, 2019 from the victim, and from that time, received from that time the Defendant received steel products equivalent to the total market price of KRW 1,264,889,769 at the same time by the same method as indicated in the attached Table 1, from August 28, 2019.
Accordingly, the Defendant, by deceiving the victim, received property equivalent to KRW 1,264,889,769.
2. The defendant has received steel materials as stated in paragraph (1) and is the representative director of the G in charge of the above dispute resolution.