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(영문) 서울중앙지방법원 2015.04.30 2014고합932
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. From March 2012, the Defendant changed official document: (a) since around November 2013, when working as the management support center of H H, it was insufficient to pay funds to the subcontractor; and (b) around February 2013, the Defendant entered into a contract with the Korea Tti Bank for acquisition of sales bonds and raised operating funds with the Korea Tti Bank; and (c) used it to raise insufficient funds by falsely stating the amount of sales bonds.

On November 2013, the Defendant instructed I to alter the amount stated in the export declaration certificate from November 16 to December 17, 2013, the Defendant: (a) received the Defendant’s instruction from the Defendant, at the H H H H H H H H H H H H H H H H H H office office located in Yeongdeungpo-gu Seoul, to the total declared price of the export declaration certificate (the export declaration number K) on November 13, 2013; and (b) changed from the date and time to “$989,345.65” to “from the date and time,” each changed to the total price of the export declaration certificate at least 38 times from the date and time to December 22, 2013, as indicated in the attached list of crimes.

Accordingly, the Defendant modified the export declaration certificate in the name of the Incheon Airport Customs Office, which is an official document without authority for the purpose of exercising.

2. Around November 18, 2013, the Defendant had the employees in charge of the above bank submit and exercise the export declaration completion certificate altered as if they were the genuine export declaration certificate, and exercised the modified export declaration certificate by having the employees in charge of the above bank submit and submit it as if they were the genuine export declaration certificate. From the above date to December 24, 2013 from the above date to December 24, 2013, the Defendant had the employees in charge of the above bank submit the export declaration certificate altered four times in total as shown in the attached list of crimes.

3. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has the H H H H H H H team staff submit the revised export declaration completion certificate to the victim Korean Tti Bank as if it were true export declaration completion certificate.

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