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Defendant
A Imprisonment with prison labor for the crime No. 2, 3, and 4 of the judgment of the court below for five years, and Defendant B.
Reasons
Punishment of the crime
On May 15, 2013, Defendant A was sentenced to the violation of the Punishment of Violences, etc. Act (a collective weapon, etc.), injury, and obstruction of performance of official duties at the Busan District Court on May 23, 2013, and the judgment became final and conclusive on May 23, 2013. On October 16, 2013, Defendant A was sentenced to embezzlement, 10 months of imprisonment with prison labor for aiding and abetting an offender, and 2 years of suspended execution, and the judgment became final and conclusive on April 2, 2014.
"2014 Gohap303"
1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is the representative director of the E Co., Ltd. (hereinafter “E”) established for the purpose of dismantling a closed vessel and wholesale and retail business, and the defendant A operates E along with the defendant B.
The Defendants, at the F Office located in Sacheon-si on January 8, 2013, concluded a false statement to the effect that “The victims G secured a 1,350 tons-class vessel in Busan-si, transferred it to F in Sacheon-si, and supply scrap metal coming from dismantling the said vessel. The Defendants would supply at least 1,350 tons of scrap metal coming from the said vessel at the purchase price for the said vessel at KRW 350 million at the cost of the said vessel.”
However, in fact, the Defendants did not enter into a sales contract for the 1,350 tons vessel, attempted to use E’s debt repayment, personal debt repayment, etc. with the money received from the victims, and did not have any intent or ability to supply scrap metal dismantled after purchasing 1,350 tons vessel even if they received money from the victims.
In collusion, the Defendants: (a) conspiredd the victim to deception the victim; and (b) wired 350 million won from the victim to the account in the H’s name as the purchase price for the closed vessel of 350 tons on January 8, 2013; and (c) obtained the money from the victim.
B. The Defendants related to three vessels owned by the Hanjin Heavy Industries, together with the Defendants, on January 2013, at the coffee stores of Busan Shipping Daegu Metropolitan City Maritime Transport Daegu, the victim.