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(영문) 서울중앙지방법원 2016.12.21 2015고단1122
사기
Text

Defendant

A Imprisonment with prison labor for one year, for six months, and for six months, for six months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

[Criminal Power] On May 21, 2015, Defendant A was sentenced to three years of suspension of execution on May 29, 2015 to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Seoul High Court on May 21, 2015.

Defendant

B On November 24, 2011, the Incheon District Court sentenced 2 years of suspension of the execution to 10 months of imprisonment for fraud at the Incheon District Court, and the judgment was finalized on December 2, 2011.

【Criminal Facts】

1. Defendant A and Defendant B’s joint criminal conduct are the representative director of G Co., Ltd. (hereinafter “G”). From January 2008, H through H, working as the vice president of G from January 2008, “J and K have the right to receive scrap metal from the Ministry of National Defense or the Han River, and G has the right to receive the said scrap metal at a high price, and if they want to receive the said scrap metal at a high price, they shall be registered as G Co., Ltd., and the deposit is required to become a collaborative company.” From February 2008 to August 2008, the said scrap metal business performance had to be returned to I at all due to the lack of business performance.

In addition, Defendant A also operated “M” in Gangnam-gu Seoul Metropolitan Government L, and the status of the financial position was not high for employees to the extent that the above limited-type house does not properly pay their wages and the restaurant rent, as well as for G employees’ wages and the office rent.

On the other hand, in relation to the preparation of deposit money to be paid to G, Defendant B was well aware that the above G business was not normally progress because the above I recommended investment to the neighboring persons and provided approximately KRW 300 million funds to I.

Nevertheless, the Defendants normally carry out the scrap metal business through J or K.

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