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(영문) 대전지방법원 2016.09.08 2014고합518
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment of 2 years and 6 months and fines of 420,000,000 won, and Defendant B Co., Ltd. of 10,000,000 won, respectively.

Reasons

Punishment of the crime

1. Defendant A is the representative director of B Co., Ltd. (F, June 18, 2013, to B; hereinafter “B”) established for the purpose of wholesale and retail business of steel supply and steel distribution in Gangnam-gu Seoul.

The Defendant said, on July 12, 2013, the Geumcheon-gu Seoul Metropolitan Government Office and the victim H-U. 201, the Defendant provided to I a person in charge of the duties of the victim company that wants to be supplied with steel bars at the victim H-U. 201 office, “it may be supplied through another large company.” The Defendant provided security to the JJ Co., Ltd. (hereinafter “J”) which is the customer of the Republic of Korea, with the delivery of steel bars within one week from the J, and supply them to the new company.”

However, in fact, the defendant was required by J to provide a security for continuing the supply of the reinforcing, etc., and even if the defendant was provided with the steel amounting to KRW 900 million from J after the provision of the security, he did not have the intention or ability to deliver the steel amount to the victim company.

Nevertheless, on July 16, 2013, the Defendant, by deceiving I as above, had the victim company set up a collateral security (hereinafter “instant collateral security”) with respect to each of the instant real property, which is owned by the victim company, and had the victim company set up a collateral security (hereinafter “instant collateral security”) with regard to the obligor B, the mortgagee J and the maximum debt amount of KRW 600 million, which is KRW 201, 301, 202, 402, 401, and 602, 602, 402, which are delegated with the right to dispose of each of the instant real property by L, which is owned by the victim company.

(b) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice) (2015Gohap239);

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