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(영문) 부산지방법원 2008.8.19.선고 2007고합710 판결
가.특정경제범죄가중처벌등에관한법률위반(사기)나.특정경제범죄가중처벌등에관한법률위반(재산국외도피)다.유가증권위조라.위조유가증권행사마.외국환거래법위반
Cases

207Gohap710A. Violation of the Act on the Aggravated Punishment of Specific Economic Crimes

208Gohap110(combined)(Fraud)

(b) Violation of the Aggravated Punishment Act;

(Property Moving to Foreign Country)

(c) Forgery of securities;

(d) Counterfeitd securities events;

E. Violation of the Foreign Exchange Transactions Act

Defendant

1.(a)(d). A (73) and the representative director;

2.b.ma. Stock Company A

Prosecutor

Dried scrap metal

Defense Counsel

International Law Firm

Attorney-at-Law in charge (for defendant A)

Imposition of Judgment

August 19, 2008

Text

The defendant A shall be punished by imprisonment with prison labor for five years, by a fine of 2,000,000,000 won for each of the defendant A. The five days under confinement prior to the pronouncement of the judgment shall be included in the above sentence against the defendant A.

One (Evidence No. 16), the rubber of KRND FISDIES, and one (Evidence No. 17), the rubber of SAKHALIN SEOD, shall be confiscated from the Defendant A. The penalty shall be collected from the Defendant A in addition to KRW 11,391,648,490. The order of provisional payment of the amount equivalent to the above fine shall be issued against the Defendant A.

Reasons

Criminal History Office

Defendant A is the representative director of Company A, and Defendant A is a corporation incorporated for the purpose of fishery products wholesale and retail business, trade business, etc.;

1. Defendant A:

A. In the settlement of claims and debts between a resident and a non-resident, when a resident makes payment, etc. with a person who is not a party to the relevant transaction, the fact that around February 19, 2007, he/she did not report to the Minister in advance, and even though he/she directly imports 384.140 tons of freezing ($ 562,338.26), he/she shall, in order to pretend that he/she imports the above e-mail from the Japanese E-mail, forged a bill of lading in the above e-mail under the name of the carrier 60 and sent it to the above e- company, and e-mail shall be sent to 130 U.S. dollars, Japan (A: beneficiary: Japanese issuer: Japanese bill of exchange) and 180 U.S. dollars, and 208 U.S. bill of exchange from the above 50 U.S. dollars to the above 50 U.S. dollars export bill of exchange, etc.

B. A credit, bill of exchange, forged bill of lading, etc. in the name of the Busan Branch of Han Bank, Han Bank and Busan Branch, without reporting to the Minister of Justice around February 19, 2007, even if the property of the Republic of Korea or the people of the Republic of Korea is not to escape abroad in violation of laws and regulations.

The shipping documents shall be presented to the Stomo Bank located in the United States of America for the payment of US$562,338.26 of the export price equivalent to the discount of the bill of exchange. The Stomo Bank shall, by again presenting shipping documents such as the above letter of credit, bill of exchange, and forged bill of lading to the Busan Busan branch of the Hanmo Bank, in violation of foreign exchange transaction-related laws and regulations, transfer the above bank's assets to and escape from Japan in violation of foreign exchange transaction-related laws and regulations, and shall escape from Korea on 33 occasions in total as stated in [1] attached list of crimes / [1] from October 28, 2005 to May 31, 2007, in violation of the above 11,872,610.06 US dollars which is the property of the Republic of Korea or a citizen of the Republic of Korea in total (one hundred and seventy-three times in total).

C. A Co., Ltd. directly imports from a supplier of frozen fishery products of Russia or through Japanese e company (the import volume secured by e is still shipped at Russia) and instructs the Defendant or the above e company to pay a certain amount of money to the bank located in the exporting country for telegraph transfer (T/T transfer, or importer's request for delivery of the bill of lading) other than the letter of credit on the ground that the financial cost is additionally incurred if the supplier of Russia is paid for the export price through L/C transaction, and the due date is delayed. The importer is required to pay the price to the bank located in the exporting country prior to the delivery of the bill of lading, so the importer is required to transfer the price to the bank at the same time with the bill of lading issuing the bill of lading at a discount, but it is not possible for the above bank to lawfully issue the bill of lading at the same time because there is a lack of cash holding by A: the issuer of the bill of lading at the same time, which is a false bill of exchange with the above domestic bill of exchange issuing company at the bill of lading.

(2) On June 19, 207, the defendant shall prepare a bill of lading of USD 2, USD 93, USD 2, USD 948, USD 2, USD 96, USD 96, USD 2, USD 98, USD 96, USD 208, USD 940, USD 96, USD 2,000, USD 96, USD 2,000, KRW 29,000, KRW 29,000, KRW 96,000, KRW 29,000, KRW 96,000, KRW 296,000, KRW 29,000, KRW 29,000, KRW 96,00,000, USD 2,000, KRW 96,00,000, KRW 968,00,00,00

(d) In transit and export of fishery products imported from Russia 2 to China: USD 2.08 US dollars 2.5 US dollars 2.6 US dollars 5.6 US dollars 2.6 US$38 US dollars 2.6 US dollars 2.6 US dollars 5 US dollars 2.6 US dollars 1.6 US dollars 5 US dollars 2.6 US dollars 1.6 US dollars 5 US dollars 20 US dollars 2.6 US dollars 20 US dollars 50 US dollars 20 US dollars 50 US dollars 2.6 US dollars 2.6 US dollars 20 US dollars 50,000 7 US dollars 40.6 US dollars 5 US dollars 20,000 7 US dollars 5 US dollars20,000 7 US dollars 5 US$60,000,000.6 US dollars 9 US dollars 2.6 US dollars 5 US dollars 20 US dollars 48 US dollars 7.6 US$284 7.62 US dollars 4222222294% m22222000.

E. The Defendant: (a) did not intend to purchase the instant fishery products at the request of the Lussian Shipping Co., Ltd., a shipping company, even though the Defendant had not loaded the said fishery products at the request of the Lussian e company; (b) made the Defendant purchase the said fishery products at the request of the said e company to purchase the said fishery products; and (c) made the e company issue a letter of credit to the said e company by forging a bill of lading in the name of the said f Shipping; and (d) intended to have the said e company receive the amount of the export price by presenting the letter of credit and the bill of lading in the name of the said f Shipping company to the f.o., presenting the above f.m. f. e company’

(1) On May 31, 2007, at the office A of the above Co., Ltd., the bill of lading was prepared by using a computer program installed therein without authority for the purpose of uttering, printed out it, and then forged one copy of the bill of lading in the name of the above FF Shipping, which is a securities, by affixing a signature made by the rubber person who was inserted in advance on the side of the above carrier;

(2) At the same time and time as referred to in paragraph (1)(e) above, the bill of lading forged as above shall be sent to the above e company, and around June 1, 2007, the above e company employees charged with the above e shall be ordered to submit the letter of credit issued by Switzerland 1, Young-gu, Young-gu, Seoul High-si, Seoul High-si, Kasi-si, Kasi-si, Kasi-si, Kasi-si, Kasi-si, Kasi-si, to the Bank be presented as if the bill of lading was duly formed with the letter of credit

(3) Around May 15, 2007, the victim company located in Seocho-gu, Seoul. The facts did not require f.e., the company to load the fishery products of the same company to enter into a Chinese port at the request of the above e company, and even if the victim company purchased the fishery products from the above e company, it did not have any intention or ability to repurchase the above fishery products, despite the fact that the e company had no intention or capacity to repurchase the above fishery products, the e company in charge of the above e company would import the above fishery products from holding the fishery products caught on the high seas of R.S., but the L/C was to keep the above fishery products from importing them on behalf of the above e company with considerable financial resources, and it had the above e company establish the above e-mail with the above 3rd company around May 30, 2007, one of the above 30 U.S. dollars and 47 U.S. bill of lading, 2007.

2. Defendant A, the representative director of Defendant A, committed each of the offenses described in paragraphs (a) and (b) with respect to the Defendant’s business.

Summary of Evidence

Omission

Application of Statutes

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 28 (1) 2, Article 16 subparagraph 3 of the Foreign Exchange Transactions Act (unreported third party's land substitution wage), Article 4 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes / [1] Article 5, 9, 12, 16, 23, 28, 31 of the Act on the Aggravated Punishment, etc. of Victims of Specific Economic Crimes / [1] Article 4 (2) 2 and (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes / [1] Article 3 of the Act on the Aggravated Punishment, etc. of Victims of Specific Economic Crimes, Article 4 (2) 1 of the Act on the Aggravated Punishment, etc. of Victims of Specific Economic Crimes, Article 1 of the Act on the Aggravated Punishment, Article 3 (1) of the Act on the Aggravated Punishment, etc. of Victims of Specific Economic Crimes, Article 1 of the Act

1. Aggravation for concurrent crimes;

Defendant A: Articles 37 (former part of Article 37, 38 (1) 2, and 50 (Aggravation of concurrent crimes with punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Death) to only one victim bank of Article 1 of the Judgment with the largest punishment) of the Criminal Act

Defendant A: The penalty provided for in the first sentence of Article 37, Article 38(1)2, Article 50 of the Criminal Act and the attached list with the largest penalty / [1] An aggravated punishment for concurrent crimes committed in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (property flight in a foreign country) stated in 12

1. Inclusion of days of detention in detention;

Defendant A: Article 57 of the Criminal Act

1. Confiscation;

Defendant A: Article 48(1)1 of the Criminal Act

1. Additional collection:

Defendant A: Articles 10(3) and (1), 4(1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

1. Order of provisional payment;

Defendant A: Article 334(1) of the Criminal Procedure Act

Judges

The presiding judge, the senior judge

Judges Nationwide

Judges Shin Jae-sung

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