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(영문) 대전지방법원 천안지원 2014.04.16 2014고합23
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 16, 2010, the Defendant received a summary order of five million won as a penalty for fraud from the Daejeon District Court’s Incheon District Court’s Branch. On November 29, 2012, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor at the Daejeon District Court’s Daejeon District Court for fraud. On December 7, 2012, the said judgment became final and conclusive and is still under the suspended sentence.

【Criminal Facts】

The Defendant was a person who operated the E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do. On September 2009, the Defendant stated to the effect that “Defendant Co., Ltd. (hereinafter “victim Co., Ltd”) supplied steel materials to the Defendant Co., Ltd., Ltd. (hereinafter “Defendant Co., Ltd.”) located in the west-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do. to supply steel materials to the Defendant Co., Ltd. (hereinafter “victim Co., Ltd.) who had been operating the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

However, the Defendant did not intend to supply steel at a normal price even after receiving steel from the victim company, but did not intend to supply it to I at a normal price, but the Defendant sold it at a price of 20% to 30% or less than the credit supply price from the victim company and increased sales performance, and was intended to obtain a loan from the Korea Credit Guarantee Fund. The Defendant company, other than the victim company, also received steel from the victim company on credit and sold it to I in the same manner as salt price, was a business structure where the transaction was continued, such as selling it on credit from the victim company, and the Defendant did not have any intent or ability to pay the price in accordance with the agreement.

The Defendant deceivings H as such, and thereby, from September 29, 2009 to April 12, 2010, the Defendant was supplied with steel materials worth KRW 4.72,849,00,000,00 from around 19 times, as shown in the annexed Crime List, to all of the victim companies.

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