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(영문) 인천지방법원 2018.01.19 2017고합455
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The charges were appropriately revised to the extent that it does not interfere with the defendant's defense right, including obvious clerical errors or errors.

"2017 Gohap 455"

1. The Defendant is a person who runs a stock company B (hereinafter “B”) in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

On April 2, 2015, the Defendant stated to the effect that, at the office of the victim “D” (hereinafter “D”) located in Ansan-si Member C (hereinafter “D”), the Defendant said that “E, who is an employee in charge of the funding business of D, would purchase the e-mail at the face of the e-mail, and then sell the e-mail, and make it discounted by using the e-mailed articles to prepare for cash.”

However, even if the defendant received an electronic bill at a discount from the injured party, he/she was thought to use it as his/her own debt security, payment of goods price, etc., and even if he/she purchased and sold it with an electronic bill, he/she did not intend to pay it to the injured party.

Nevertheless, the Defendant deceiving E as if he were to pay the discount amount of electronic bills as above, and acquired the money from the injured party to the F bank account in the name of B on April 2, 2015, the victim received the total sum of the face value of the G issuance issued by G Co., Ltd. (hereinafter “G”).

2. Fraud;

A. The Defendant was urged by I, an operator of H Co., Ltd. (hereinafter “H”) to pay his/her claims, such as transaction price, etc.

On April 3, 2015, the Defendant told I to the effect that “I will deliver a copy of an electronic bill of KRW 44 million in the face value of the G issuance, discount the amount of KRW 10 million among them, and use the remainder,” and then delivered a copy of an electronic bill of KRW 44 million in the electronic bill of KRW 1,000 (an electronic bill of KRW 50 million in the face value of the G issuance) to the victim, as described in paragraph 1.

However, this is true.

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