logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.09.15 2017고단2633
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

When the Defendant entered electronic files in the B2B website operated by the Korea Credit Guarantee Fund with the content of a contract for purchasing goods from another business entity and the details of issuance of the electronic tax invoice reflecting the same contents, the Defendant, in collusion with B, knowing that the transaction under the said electronic transaction contract would have been actually made if the requirements were met in a financial institution, and did not examine whether the transaction under the said electronic transaction contract would have been made in a way of paying the price for goods to the goods selling business entity, in collusion with B, the Defendant prepared only the electronic transaction contract, etc. between C and B management transaction agreementD without any separate goods transaction, and acquired the corporate purchase fund by receiving the loan.

On February 23, 2015, the Defendant had access to the above B2B website office in Yongsan-gu Seoul, Yongsan-gu, Seoul, and the 120 million won of computer goods purchased from CD after having access to the said B2B website office.

“” submitted an electronic file with the content of the electronic commerce contract and applied for a corporate purchase fund loan to the victim Han Bank by entering the same details as those stated in the said contract into the details of the issuance of the electronic tax invoice, and it, whichever is, had the person in charge of the business of managing the corporate purchase fund of the victim Han Bank transfer KRW 120 million to the one bank account (F) of the representative of the Dispute Resolution Co., Ltd.

As a result, the Defendant conspired with B to deceiving the victim and received cash equivalent to the above amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint and a explanatory note B;

1. Application of Acts and subordinate statutes on certificates of all registered matters, electronic commerce contracts, account transactions details, electronic tax invoices, and subrogated repayment certificates;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.

arrow