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(영문) 창원지방법원 마산지원 2016.08.19 2016고합30
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On September 11, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Southern District Court on September 11, 2015, and the judgment was finalized on September 19, 2015.

[Criminal facts] The Defendant is the largest shareholder of C Co., Ltd. (hereinafter “C”), who actually operates C.

In the case of a credit in sight, the consignee of the bill of lading (B/L) shall be the bank of the importer, the goods shall also be disposed of by the said bank, and if the exporter delivers the shipping documents including the original bill of lading to the bank of bank, the importer may, within five days after the date of arrival of the document, exercise the right to dispose of the imported goods only when the importer pays the amount of the credit and receives the original bill of lading from the bank of bank.

However, in order to minimize the burden of the body fees and maximize profits by disposing of the imported goods from the bank after taking advantage of the first place without paying the amount of the credit, the Defendant planned to receive the imported goods from the domestic shipping agent who is not aware of the fact that the bill of lading was issued in duplicate after the Defendant issued the bill of lading in addition to the original copy of the bill of lading, which has no function or right and security function as securities available for circulation as a securities by the recipient of the goods in addition to the original copy of the bill of lading. In the event that this bill of lading was issued, the consignee can accept the goods only by the copy of the bill of lading (in most cases, the bill of lading was issued when the exporter received the payment from the importer in full). The Defendant planned to receive the imported goods immediately from the domestic shipping agent who is aware of the fact that the bill of lading was issued in duplicate, but the victim bank, one of the parties, was aware of this fact.

On August 7, 2014, the Defendant is one bank located in Chang-si, Changwon-si, 315, 649.

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