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(영문) 서울중앙지방법원 2018.05.09 2017고단5038
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal record] On July 22, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Dong Branch District Court of Seoul, and the judgment became final and conclusive on April 28, 2017.

[2] The Defendant is a person who was the representative director of G Co., Ltd. (hereinafter “G”) with the right to sell golf products, such as “F golf loans”, in the Republic of Korea

The Defendant borrowed money from H (hereinafter “H”) in order to use it as corporate operating funds, etc., and submitted a false commodity supply contract with H to obtain the surety insurance policy from the victim Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”).

On July 24, 2012, the Defendant served as the head of H’s marketing team at the G office located in Seongdong-gu Seoul, I, 104 Dong 190, and H’s marketing team.

In relation to the J, H drafted a contract for the supply of goods with the content that “H purchases the goods from the third-party seller and supplies G, and G pays the goods to H within 90 days from the date of issuing the tax invoice (hereinafter “instant contract for the supply of goods”). The Defendant submitted the instant contract for the supply of the goods to the person in charge of subscription for the security insurance at the location of the Seoul Guarantee Port located within 78 as Mapo-gu Seoul, Mapo-gu, Seoul, and issued the guaranteed insurance policy to the person in charge of the purchase of the goods at the location of the Seoul Guarantee Port, and the Seoul Guarantee Insurance and the Seoul Guarantee Insurance provided that “The Seoul Guarantee Insurance will guarantee the payment of KRW 150,000,000 for the credit amount under the instant contract for the supply of the goods to the insured H” (hereinafter “the guaranteed insurance contract”).

In addition, according to the commodity supply contract of this case, H purchased the IDR uniform from K and supplied it to G. G.

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