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(영문) 서울동부지방법원 2017.09.15 2016고합105
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for two years, Defendant B's imprisonment for one year and six months, and Defendant C's fine for 10,000,000 won.

Reasons

Punishment of the crime

Defendant A and B are the representative director of C Co., Ltd. (hereinafter referred to as “C”), which is a clothing manufacturing company, and Defendant B is a person operating F Co., Ltd., which manufactures the clothing with C’s subordinate office, and Defendant B was unable to settle the check paid to the subordinate company on April 2014 due to C’s rapid decrease in sales, Defendant A issued the check of accounts in the name of C, and Defendant B raised funds at discount.

1. In accordance with the above conspiracy of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Defendant B, at the H’s specialty point of “H” located in Dongdaemun-gu Seoul Metropolitan Government on December 16, 2014, shall discount the number of shares of the C issuance to the victim I. C is an internal trading company, and the number of agents is more than 10, and their management status is not bad.

“A false representation was made.”

However, due to the aggravation of management, C had already issued a check equivalent to KRW 100 million and operated it by the so-called “return prevention” method to repay the existing debts at a discount, and even if Defendant A issued a check to the victim due to the absence of particular assets, there was no intention or ability to make it settled normally.

Nevertheless, the Defendants issued to the victim the check number K, face value of KRW 50,000,00, and KRW 43,200,000 on the check number C at the end of the above false statement, and received the delivery from the victim under the pretext of the discount and received the money from the victim, and received the money from him/her, and received the money from him/her, from February 13, 2015, the Defendants received the check number of KRW 512,90,000 in total at discount from the victim by the above method, and received the check number of KRW 512,00,00 in total from the victim.

As a result, the Defendants conspired to acquire 512,90,000 won for the purpose of discounting checks from the victims.

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