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(영문) 서울북부지방법원 2015.12.18 2013고합403
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for five years and fine for 2.2 billion won, and Defendant B shall be punished by imprisonment for three years.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a person who actually controls the management of H(hereinafter “H”) and I(hereinafter “I”) that deal with steel products, and Defendant B is a H’s director who works as the representative director.

[2013Gohap403]

1. The Defendants in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concluded with J a multilateral steel supply contract with the victim M company (hereinafter “victim”) to purchase steel products by making it possible for K to enter into a steel product supply contract with K Co., Ltd. (hereinafter “Sco”) through L, the team leader of K Co., Ltd. (hereinafter “K”), and by making K enter into a contract with K to supply steel products to H by means of transaction with K, which is the large company, by using transactional relationship with K, which is the large company, and by making it possible for K to purchase steel products. In fact, the Defendants concluded a multilateral steel supply contract with the victim M Co., Ltd. (hereinafter “the victim company”) to purchase steel products by receiving steel purchase funds from the victim company, and attempted to acquire them by receiving steel purchase funds from the victim company by pretending to purchase steel products without actually purchasing steel products.

According to the above public offering, Defendant A and J want to take part in the B2B team leader L of the victim company B2B team leader of the victim company around June 2012, in the car page where it is impossible to know the trade name in the new village of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and the end of the end of June, 2012, “if the victim has a case of trade of K and steel products, and if the victim participates, the amount of sales may increase and more than 4% of the commission. The victim has a code (qualification) capable of trading sco and goods, and K is an O group subsidiary, and therefore there is no problem in collecting the price.” At that time, the J wishes to carry on business together with the victim company by participating in the three-party trade between H, K, and sco.

In the middle of the victim company, the fee is written, but K directly orders the steel products to Spanco.

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