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(영문) 부산지방법원 2013.12.20 2013고합345

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The defendant is a person who operated as the representative director E in Busan Gangseo-gu, Busan, and supplied food materials to elementary, middle, and high schools.

"2013, 345"

1. On December 3, 2007, the Defendant violated the Control of Illegal Check Control Act entered into a check contract with the point where the National Bank is held in the name of the Defendant and entered into a check contract with the point where the check is held.

On June 2009, the Defendant issued one copy of the check number “G”, par value, and issuance date in the name of the Defendant of the E representative director of the company E, the Defendant borrowed business funds, etc. from F, and issued one copy of the number of shares of the above bank under the name of the Defendant of the E representative director.

On July 20, 2009, the Defendant, the holder of the check, exercised the right to fill in blank on July 20, 2009, “this hundred million won” and “ July 20, 2009” in the issue date column, and presented it on July 24, 2009, which was within the time limit for presentment of payment, but did not receive the suspension of transaction.

2. On October 17, 2008, the criminal defendant against the victim H et al. made a false statement to the victim H that "on the basis of the end of the following month, if he/she supplied the math, life, etc. to the victim H, he/she would pay the price in the order of the next month."

However, in fact, in the process of selecting a supplier, there was no intention or ability to pay the price even if it is supplied with food materials as above, because there was a accumulated situation such as that the average bid price ratio is less than 85 percent, which is less than that of the successful bidder.

Nevertheless, the Defendant did not pay an amount equivalent to KRW 41,265,454 as the price was not paid even if he received food materials from the victim by July 6, 2009, by deceiving the victim as such, and received food materials from the victim by July 6, 2009.

In addition, the defendant did not pay the total amount of food materials equivalent to KRW 1,390,776,793 from 18 victims, such as the list of crimes (1) in the same manner as before and after the above period.