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(영문) 서울중앙지방법원 2019.09.27 2017고합970
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is the representative director of corporation B, and C is the employee of corporation D.

Around November 2, 2016, the Defendant and C made a false statement that “A shall pay 50% of the funds financed by lending funds under the name of H Co., Ltd. on the face of 1.5 billion won at a discount, and the remainder 50% of the funds financed to H Co., Ltd. shall be repaid until March 31, 2017, which is the due date of the bill,” and “I may receive a discount on the bill. If the following day is not discounted by the due date, I will return the bill. If the bill is discounted by the due date, I will return it.” The Defendant discounted three electronic bills with the face value of 500 million won at the face value of H Co., Ltd., and the Defendant paid 50% of the discount on the bill at the discount of three electronic bills equal to the face value of H Co., Ltd., on March 31, 2017, without dividing the bill, and if the representative director of H Co., Ltd. does not immediately refund the bill to H Co., Ltd.

However, the defendant and C did not have the intention or ability to pay the discounted bills to the victim company at the discount of 50% on the following day of the receipt of the electronic bill even if the electronic bill was delivered by the victim company, or to repay the discounted bills by March 31, 2017.

Nevertheless, the Defendant and C conspired, as above, by deceiving the victim company's former secretary I, and then by deceiving the victim company on November 3, 2016, three copies of the electronic bill (bill No. : J, K, and L) issued by the victim company on November 3, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspects of M or N by the prosecution;

1. A protocol concerning partial examination of suspect C by the prosecution;

1. Statement of each police statement concerning I;

1. In relation to the investigation reportO, P representative director Q, R representative, P employee S, T representative U, and V bank bills.

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