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(영문) 수원지방법원 성남지원 2018.07.13 2018고단475
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person who actually operated the “E” in the name of the wife to engage in the import and sales business of fishery products in accordance with Article 301 of the Seo-gu Seoul Building 301.

In the course of operating the above “E”, at the branch of Seocho-gu Seoul Metropolitan Government Seocho-dong 1376-3 △△△△△△△△ on August 23, 2010, the consignee of the bill of lading (B/L) and the bill of lading (B/L) in the case of L/C (AT SIG L) in which the victim, △△△ Bank (hereinafter “victim”) and the bill of lading (B/L), the consignee of the bill of lading (B/L) will be the creditor bank of the importer, and if the exporter sent the shipment documents including the original bill of lading to the creditor bank on August 23, 2010, the importer must receive the original bill of lading from the creditor bank in settling the amount of the letter of credit. If the exporter sent the shipment documents including the original bill of lading to the creditor bank, he can exercise the right to dispose of the imported goods.

In the case of a sub-credit (USNCE), which is equivalent to US$100,00,00, the importer may postpone the payment of the amount by the due date, and the imported goods may also be accepted first, if the exporter presents a bill of exchange within the time limit together with the shipment documents, with the agreement that the importer will accept the relevant bill of exchange and pay the due date.

The contract period has been extended on a yearly basis after concluding a credit transaction agreement to establish B.

[2] Around July 2012, the Defendant issued a letter of credit equivalent to US$400,00 from the injured bank, and imported freezing fishery products from Vietnam, but it was difficult for the Defendant to normally settle the price of the existing letter of credit due to poor sales of freezing fishery products imported without good financial standing.

Accordingly, the defendant can import the frozen fishery products that can be immediately sold to Vietnam exporters without the issuance of the credit.

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