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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is a person who has been engaged in the representative director business of D Co., Ltd. (hereinafter “D”) that exports used cars abroad from September 2005 to October 2016. The victim is the Korea Trade Insurance Corporation that runs the business of trade insurance, export credit guarantee, etc.
After the defendant loaded exported goods, the defendant has sold bills of exchange and shipping documents related to export transactions and traded in a manner of receiving the export price from a foreign exchange bank while offering the victim's export credit guarantee under the name of the victim joint and several sureties with the foreign exchange bank as security.
A. On June 27, 2016, the Defendant presented the export credit guarantee certificate issued by the victim to the Defendant’s business (related to export and import transaction with the Defendant’s business entity “E”) on October 11, 2013 and the shipment documents prepared by the Defendant in falsity to employees in the name of the same original branch of the National Bank in the same number of original branch of the National Bank.
On June 27, 2016, U.S. dollars 17,339.888 was paid to the defendant after deducting the fee from the security of the export credit guarantee issued by the victim at the original point of the same national bank where the defendant did not know that there was no transaction.
However, since the above export transaction of the defendant was false, the national bank, which did not secure USD 17,500 from the above import company, did not claim the above amount to the victim on the basis of the export credit guarantee issued by the victim, and made the victim subrogated to pay the above export amount. Thus, the defendant suffered property damage equivalent to USD 17,500 on the part of the victim and acquired property profit equivalent to the same amount.
Defendant 1 as of June 2016, 201, as in the attached list 1 as in the above manner.