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(영문) 부산지방법원 동부지원 2013.09.27 2013고합108
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant pays 450,000,000 won to an applicant for compensation out of the embezzlement.

(e).

Reasons

Punishment of the crime

The defendant is a person who engages in wholesale and retail business, such as building materials, machinery parts, etc. in the trade name of Gangseo-gu Busan Metropolitan Government D.

1. Around February 1, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud): (a) at the E office office around February 1, 2012, the Defendant supplied the victim G Co., Ltd. (hereinafter “G”) located in Yeongdeungpo-gu Seoul Metropolitan Government F building 4 and 501 by telephone, with the “EGI COL” (hereinafter “G”); (b) there is a TT method and LS method to receive the payment of the export price of TT method after the receipt of the steel board. When the products arrive in a foreign country after the shipment of the exported product, the method of TT method requires more than 90 days to pay the price after the export of the product through telegraph, and if the products arrive in a foreign country and the products are confirmed, the method of LS method is much more rapid than TT method that would be settled when the products are loaded in a ship. (c) When exporting the products to a foreign country, the payment would be made within 65 days after delivery of the goods until 65 days after delivery.”

However, from around 2011 to around 201, E had aggravated financial conditions, and the Defendant had already been liable for the amount of money equivalent to 1.5 billion won as well as the amount of money for goods arising from the said transaction, and even if most assets were provided as security for existing obligations and received goods from the victim G as they had no intent or ability to pay the amount for the goods on the settlement date, as well as selling the goods supplied by the victim G, it was thought that the amount would be used for the purpose of E’s operating expenses and repayment of existing obligations.

As such, the Defendant, by deceiving a person in charge of the supply of the victim G, received KRW 323,318,69 at the market price of the Electric G from the victim G to receive KRW 323,318,69 at the market price of 314.69 tons, from February 1, 2012 to March 30, 2012.

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