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(영문) 춘천지방법원 2016.01.15 2011고합262

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

1. Defendant A shall be punished by imprisonment for three years and six months, and Defendant B by imprisonment for three years; and

2. Provided, That with respect to the defendant B, the defendant B.

Reasons

Punishment of the crime

1. Defendant A and B are respective representative directors of G Co., Ltd. (hereinafter referred to as “G”) whose main business is the import and processing sales of natural gas parts, and G Co., Ltd. (hereinafter referred to as “G”), G’s subsidiaries, whose main business is management management services (personal affairs, general affairs, finance, purchase, materials, trade), trade and overseas export business, and remodeling of natural gas vehicles (hereinafter referred to as “C”) as of February 1, 2007; the establishment of February 1, 2007; the ratio of A74.29% (520,000 out of 700,000 shares) as of December 31, 2007; and G25.71% (180,000 shares out of 700,000 shares); and hereinafter referred to as “C”).

In addition, Defendant A is the actual manager of G (H hereinafter referred to as “H”) that is a Thai State corporation in which G owns 49% of its equity interest.

Defendant

B as executive director of G and C, a person in charge of overall affairs, such as personnel affairs, general affairs, accounting, management, and purchase of that company, under the direction of Defendant A, who is the representative director.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) due to the issuance of false credit;

A. The details of financing through the issuance of a credit and the Defendants’ public offering-related G imports approximately KRW 23,200,000 of natural gas vehicle parts at the request of I and Hyundai Motors, a major customer, from the upper half of 2007. However, from November 2007, inventory goods were stored due to the delay in the order of the said transaction parties. As of December 31, 2007, the said transaction parties were subject to pressure by means of a bank loan of KRW 13 billion, KRW 5 billion in import credit, KRW 1.3 billion in credit, and KRW 1.3 billion in credit purchase amount, and KRW 19.3 billion in credit purchase amount, etc., and the transaction bank was unable to obtain additional loans.

Accordingly, even if the bill of lading (B/L/L) does not exist, the Defendants are able to issue a letter of credit by means of a kind of shipping receipt witness Kayi Syi (CARGR) issued by a domestic shipping agent, and such Kayi may draw up or forge a false bill of lading more easily than the bill of lading.