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(영문) 인천지방법원 2018.08.17 2018고합257
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【Status and Basic Facts of the Defendant】 The Defendant indicated “A” corporation (hereinafter referred to as “A” corporation, and omitted the indication “A” corporation at the time of the second name) as a partner company, the representative director of C-A-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-D-B-

C Around February 23, 2011, around January 2, 2012, and around January 2, 2012, E entered into an agreement for the use of “electronic credit sales credit loan” with each victim F Bank for the settlement of accounts.

The loan against security of credit sales bonds by electronic means is a loan system in which a selling enterprise sells goods to a purchasing enterprise and receives the delivery price by providing a purchasing enterprise with credit sales bonds for the goods purchased to a purchasing enterprise as collateral, and the purchasing enterprise pays the purchase price to the bank at the maturity date and pays the purchase price to the selling enterprise in lieu of the selling enterprise's loan.

【Criminal facts D】 On July 2013, when the fund for the purchase of machinery necessary to manufacture automobile parts to be received orders in the future from C was needed, the Defendant, through G, who is an employee C, asked the F Bank to register the credit credits with the F Bank on the pretext of advance payment, so that the credit credit claims can be loaned as security, even though it was not possible to use the electronic credit sales payment system for the purpose of financing without any actual transaction.”

Upon receipt of the report from the above G, the Defendant accepted the report and ordered the above G to register credit sales information in the computer system of the victim FF bank as it is necessary for C to receive parts equivalent to KRW 412,00,000 from E and pay the price.

According to the above Defendant’s instructions, G, an employee of C, is the Namdong-gu Incheon around July 29, 2013.

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