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(영문) 대구지방법원 2015.02.13 2014고합440

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is the representative director of E Co., Ltd. (hereinafter referred to as “E”) in Gyeongbuk-gun, and the representative of G located in Busan Sho-gu, Busan, and H, the Defendant’s birth, is a director of E.

From January 2013, the Defendant: (a) sold goods on credit from another person; (b) sold them to a third person; and (c) paid off the debt in the form of prompt repayment; (d) paid off the credit sales claims of a bank; and (e) sold the goods held by the Defendant to a third party and purchased them again with a margin from the transaction partner; and (e) did not have any intent or ability to pay the amount even if the goods were delivered by the victims, due to the bad financial situation of the company, so that they would settle the credit sales claims of the bank.

1. Around November 8, 2013, the Defendant stated that “A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) will immediately pay cash to L employees through the Dong-in K Office, Inc., Ltd., Ltd., the victim J management in Sinung-si, Sinung-si, Inc., the victim J management.”

In addition, as a result of a failure to make cash settlement for the delivery on November 8, 2013, around November 17, 2013, “Around November 2013, a supplier would receive a loan from a bank as a collateral and pay a loan from a supplier to a bank with the funds, instead of paying a purchase price for goods by a company purchasing goods from a supplier as a substitute for a bill.”

Around November 8, 2013, the Defendant deceptioned L, as such, and its deceivings from the victim, around the same day, the amount equivalent to KRW 222,802,910, the market price of which is equivalent to KRW 25,639kg, and around November 19, 2013, the market price of KRW 169,825,557 is equivalent to KRW 26,301k, and around November 20, 2013.