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(영문) 서울중앙지방법원 2018.08.14 2018고합245
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

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

(e).

Reasons

Punishment of the crime

The facts charged were revised to the extent that it does not impede the defendant's exercise of defense.

The Defendant, as the representative of B engaged in trade business, such as futures miscellaneous, submitted a false bill of lading (hereinafter referred to as “pre-bill”) to a bank without loading goods for the purpose of financing necessary funds for export, and tried to receive the purchase price of an export bill of exchange from the bank.

On June 11, 1999, the Defendant issued a bill of lading in the name of “F” stating that the shipment date “F, June 11, 1999,” “C,” “C,” and “OP film connection, etc. to be exported to D located in Newland from Busan to D.

Then, around June 12, 199, the Defendant issued a bill of lading in the name of “F” stating that the shipment date from the aforesaid crowdfunding company is “F, Jun. 12, 1999,” “G number,” and “OP film connection, etc. to be exported to the H metal company located in the Hong Metal at the port of Busan.

On June 12, 1999, the Defendant submitted a bill of lading (C) issued as above to the employees in charge at the point of the K-B customer center located in Gangnam-gu, Seoul, with the export draft, export declaration completion, commercial invoice, packing statement, insurance policy, export certificate, letter of credit, etc., along with the bill of exchange, export declaration, and purchase the bill of exchange for the L-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

However, in fact, the defendant did not have loaded the exported goods as stated in the bill of lading, and even if the injured party purchased the bill of exchange, he did not have the intention or ability to settle the bill of exchange with the export price.

The Defendant received, from the injured party, US dollars 326,419.20 (Korean Won 376,459,020) as the purchase price of the export bill of exchange.

Then, the Defendant’s above-mentioned places around June 14, 1999.

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