207Gohap132 A. Act on the Aggravated Punishment, etc. of Specific Economic Crimes

207Ma185(Merger) Violation of interest rate (Fraud), name of the crime partially recognized

207Gohap273(Consolidated) Fraud

207Gohap495(Joint)(b) fraud

MaO

*

6.18

A defendant shall be punished by imprisonment with prison labor for ten years. The number of days under detention prior to the pronouncement of this judgment shall be included in the above sentence.

Criminal History Office

Defendant,

1. Using the provisional name of this "○○", the actual operation of the name of "○○" (the name of "○○" : ○), "○○ (the name of "○○" : 2 years and six months sentenced by imprisonment at the Incheon District Court on December 6, 2002)", "○○ (the two-year and six months sentenced by imprisonment at the Incheon District Court on December 6, 2002)", "○○ (the name of "○": 4 years sentenced by imprisonment at the Incheon District Court on December 6, 2002)", "○○ (the name of "○" : Kim○)", "○○ (the name of "○○")", "○○ (the name of "○○")" , which is the so-called floating company that is possible to engage in financial transactions, to take advantage of the name of the representative director of the above company or to take charge of buying and selling goods in the name of "○○ (the name of "○○" c" c" , "the name of goods supplied and goods".

A. A. On February 2, 2001, In Boan-si*** in Boan-si 00, the victim's representative Jeong-O 00 Co., Ltd. falsely stated that "to pay the electric equipment as a promissory note that is settled without any framework on the date of the payment on which the electric equipment is supplied," and that is, he acquired the electric equipment amounting to IV 2.0S Q 70 Rawls market price from Jung○, in other words, to receive the payment from Jung○ by means of the supply of the electric equipment amounting to KRW 12,048,190 and the payment of the price is in arrears, and acquired it six times in total from that to March 20 of that year, from that to that of March 20 of that year, the sum of the market prices of the electric equipment IV 5.5S Q and so forth, as described in paragraph (1) of the attached Table of Crimes.

B. On March 10 of the same year, at the same place as of March 10 of the same year, the victim's division Lee ○○○ Steel (representative director ○) delivered steel materials to ○○○○○ by means of a subcontract for the installation of the facilities from Samsung Heavy Industries and Seo Sea Construction, etc. In such a case, the price shall be 50% in cash on the date of delivery, and the remainder shall be paid with a promissory note settled without any mold at the due date. It shall be ○○○○○○’s 384,048km from ○○, 168,981,120 won and shall be supplied with the 168,981,120 won at the ○○○○’s 27th of the same month, and shall be supplied with the 300th of the above 0th of the above 20th of the above 20th of the above 20th of the above 20th of the above 3rd of the same month.

2. Once 00, Kim 00 (Gam: 00), 00 (Gam : 00), 00 (Gam : ○○○), 00 (Gam : ○○○), 00 (Gam : ○○), 00 (Gam : ○○), 00 (Gam : ○○ ○), 200 (Gam : ○○), and 00 (Gam : ○○ 1) have been supplied by means of fraud, and 4) have been provided by means of fraud, 7) have been provided by means of fraud, 3) have been provided by means of fraud, and 4) have been provided by customers, and the goods have been supplied after having been delivered to ○○○○○ 6) have been disposed of on credit, and the defendant has been provided with 00 (Gam 6) has been provided by way of fraud, 1) has been provided by the head of ○○ 2) have been provided with the above goods.

A. A. On November 22, 2005, at the OO office of the Pakistan-si Co., Ltd.: (a) falsely speaks to the effect that the leap ○○, an operator of 00, will supply the leap ○○○, a building material, to make a timely payment of the face value by supplying the leap ○○○, which is a building material, and that he/she shall acquire from the victim the e-mailn 204.308 tons of the e-mailn 204.308 tons of the e-mailn 151,231,168 won of the market price on the same day and receive the e-mailn 156 won of the bill paid as the price from the victim in default; and (b) from that time, he/she shall acquire the construction material at least nine times in total the market price by acquiring

B. From December 1, 2005 to January 24, 2006, each of the construction materials supplied with construction materials equivalent to KRW 1,232,078,458 won in total over 31 times, as shown in the attached crime sight table (5) by the above means, shall be acquired through deception.

(c) The fact is that, even if a construction machinery seller purchases a vehicle from the manufacturer, there is no intent to pay the price;

(1) On November 3, 2005, at the office of ○○○ (State) around November 3, 2005, false statement to the effect that he/she would purchase a vehicle to have five tons of five tons of five tons of five tons of five tons of five tons of five tons of five tons of five tons of five tons of five tons of five tons of five tons of the market price from the victim, and he/she shall obtain by fraud the amount equivalent to 41,800,000 of five tons of five tons of five tons of the

(2) On January 4, 2006, a false statement to the effect that at the office of ○○ around January 4, 2006, it would timely pay the price by purchasing three tons of a truck to ○○○○○, and that is so obtained from the victim the amount equivalent to KRW 26,40,000 on the same day; and

4. Using the provisional name of 00, the purchasing department of 00 fishery at Silsi-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si

A. The fact at ○○ Fisheries Office around November 17, 2001 that, even if ○○○○’s office had the Victim’s Gabbbage construction work, etc., it is false to pay the construction price with a promissory note in the name of KRW 00,00,000, which is the victim’s Gabage ○○○○, without any intent or ability to pay the said price. The victim’s Gabage is to pay the construction price with a promissory note in the name of KRW 00,000,000,000,000,000,000,000 won for the following construction work price: (a)

b.0 00 c.a.m. supplied frozen fishery products to the victim in Songpa-gu Seoul** on Jan. 25, 2002, in the victim 200 c.m. distribution office in Songpa-gu**, in fact, there is no intention or ability to pay the price even if the c.m. is supplied with frozen fishery products.

It is false to conclude that it will be settled with a promissory note in the name of the victim. After purchasing an amount equivalent to KRW 180 million from the victim for early freezing early early 100 million, it purchased a promissory note with KRW 50 million as part of the price for the promissory note, it issued to the victim each one of the promissory note with KRW 54 million on the same day, around the 27th day of the same month, and around January 30 of the same month, it acquired 1.5 million won as the price for the promissory note with KRW 25.7 million as the price for the instrument, and then acquired 25.5 million as the sum of the above promissory note with KRW 38 million as the price for the instrument, and then acquired 25.5 million as the price for the instrument by means of default.

Summary of Evidence

【Fact of Paragraph 1 at the Time of Sales】

1. Statement of the defendant in the nine-time protocol of trial;

1. Each statement made by ○○○○ and ○○○ in the fifth trial records; and

1. Each protocol of examination of the suspect about ○○ and ○○○ by prosecutors;

1. The statement of each police officer made to Ma○○ and Ma○;

[Judgment of the court below]

1. Statement of the defendant in the nine-time protocol of trial;

1. Examination protocol of suspect about Kim○-○ by prosecution;

1. The protocol of each police record on KimO, Red0, Kim00, OO0, OO0, OO0, leap, infant, leap, leap, oO, 80, Gao, Gao, Gao00, GaoO, Gao, Gao, Gao, KimO, Kim0, Mao0, MaoO, Kim0, MaoO, Kim00, Mao-O, Mao-O, Mao-O, Mao, Mao-C, Mao, Kim00, Mao-O, Kim00, Gao-O, Mao-O, LeeO, Ma-O, Ma-O, Ma-O, and Gao-O-O-O;

【Paragraph 3 of this Article】

1. Statement of the defendant in the nine-time protocol of trial;

1. Statements made by ○○○ in the second trial records;

1. Each police protocol of statement on Kim○-○, Kim○-○, Kang○-○, Jeon○-○, ○○, Lee○-○, Kim○-○, and Park ○-○;

[Judgment of the court below]

1. Statement of the defendant in the nine-time protocol of trial;

1. Legal statement by ○○○ on the date of 18th trial;

1. Statements made by witnesses ○○ in the 8th trial records; and

1. The part of the police’s statements on Park○-○ and Kim○-○, and the part of the police’s statements on 00, Kim00 among the police’s statements on Park○-○ and Kim○-○

1. Interim reports on the results of execution of a search and seizure warrant and additional reports;

1. Notification of the results of documentary appraisal;

1. Request for re-issuance, copies of passbooks, and deposit slips;

1. Application of the laws and subordinate statutes of the Switzerland List Original

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 347(1) and 30 of the Criminal Act / [Article 347(1) and 30 of the Criminal Act / [Article 347(1) of the Act on the Punishment, etc. of Specific Economic Crimes / [Article 3(1)2 of the Act on the Punishment, etc. of Specific Economic Crimes / [Article 347(1) and 30 of the Criminal Act / [Article 347(1) and 347(1) of the Criminal Act / [including the fraud described in

1. Aggravation of concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment for Crimes of Violation (Fraud) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which is the most serious punishment, Article 38 (1) 2 and Article 50 of the Criminal Act.

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

Grounds for sentencing

The Defendant committed each of the crimes of this case by: (a) establishing or acquiring a staff company after specifically recruited the co-offenders and selling proceeds, sharing roles, etc.; (b) selling the goods to be supplied; and (c) selling them to the company of various items for five years; and (d) changing the company into a company of various items for the purpose of defaulting on payment of bills; (b) planning and implementing each of the crimes of this case in a systematic and secret manner, such as the use of another name, the payment of goods in cash, etc. to obtain the victims’ trust, etc.; (c) it is difficult to expect that the damages were not most recovered even if the victims suffered significant damages; (d) reducing the degree of their participation and acquisition of profits; and (e) considering the fact that the crime of this case has a significant impact on society, such as harming the order of transactions and sacrifice many unspecified market participants, Defendant 2 should be punished.

Judges of the presiding judge

Judges

Judges