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(영문) 수원지방법원 여주지원 2020.03.26 2019고합100
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for three years, and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

[Criminal Power] On November 10, 2017, the Seoul Eastern District Court sentenced Defendant A to four years of imprisonment, Defendant B to three years of suspended execution, respectively, and the judgment on February 15, 2018 became final and conclusive on November 15, 2018.

【Criminal Facts】

1. The Defendants and related persons were working for the Defendant A in Gwangju City from July 2003 to December 31, 2016. From around 2012, the Defendants were working for the Defendant A in the position to exercise overall control over the business team, such as the business team, the entry team, the public service team, and the management team.

E is a person who has operated the J(Representative M), L(Representative M), and N(RepresentativeO) Co., Ltd. as well as the Gangnam-gu Seoul F building and H(Representative I) Co., Ltd. (Representative M).

Defendant

B is a person who worked as a management director at H Co., Ltd. operated by E from November 5, 2015 and was in the position to exercise overall control over the accounting affairs.

Defendant

A around July 2014, at H Office, Inc., a business partner of D, accepted a written request from E to issue a certificate of transfer even if it is different from fact, as the collateral is disposed of at the intermittent value and the financial transaction is suspended if it is impossible to repay the import payment or the principal and interest of a financial institution.

In addition, while receiving a false transfer certificate through Defendant A, etc. according to the above public offering, Defendant B, who was employed by Defendant B on November 201, 2015 for the first time after receiving a false transfer certificate, ordered Defendant B to take charge of the duties of issuing a false transfer certificate, and Party B used the above false transfer certificate.

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