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(영문) 창원지방법원 2018.09.06 2017고합276
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

[Presumption Facts] The Defendant is a person running D Co., Ltd. (hereinafter “D”) established for the purpose of manufacturing and wholesale business, such as shotdo, etc., in Gyeong-gun, Gyeongnam-gun, and the victim B Co., Ltd. (hereinafter “victim Co., Ltd”) is a company established for the purpose of selling lecture pipes and piping parts in Gangseo-gu, Busan.

On September 4, 2014, in order to establish a factory, the victim company entered into a contract to purchase the Busan Gangseo-gu G factory site owned by the F Co., Ltd. (hereinafter referred to as “F”) with the representative director, and paid 3 billion won as a down payment and an intermediate payment to F.

However, when the establishment of a foreign-invested corporation, which is a prerequisite for the transfer of ownership of the above factory site, was omitted, on July 2015, the victim company agreed on the Defendant’s proposal that the victim company should establish and operate the above factory with the victim company’s 80% and D 20% shares in the above factory site. On July 20, 2015, the victim company drafted a partnership contract with the above contents.

[2] On July 20, 2015, the Defendant: (a) at the victim company office, the head of the management department of the victim company: (b) “D received product orders from the victim company management department; (c) thereby, he/she should import the stech lease pipe, which is a raw material.

In that sense, D said D would not have the ability to issue a credit, so if the victim company imports and supplies the ice lease pipe, it processed it to I, supply it to I, and pay it in addition to 6% of the raw material price within one week upon receipt of the price from I.

However, at the time, the Defendant had already received approximately 25% of the price of the goods from I and used it as loan interest, etc., and the balance to be received from I was planned to be used for debt repayment, etc. to D's customer, and since the financial status of D has deteriorated at the time, the victim company is subject to Switzerland lease pipe.

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