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(영문) 서울서부지방법원 2016.06.22 2016고합103
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On December 14, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and the execution of the sentence was terminated on March 25, 2013. On September 25, 2014, the Gwangju District Court sentenced six months of imprisonment for fraud and two years of suspended execution, which became final and conclusive on October 7, 2015.

[2] The Defendant, through D and E, heard the statement that the Victim G, who is the operator of F, is seeking a bill discount in order to provide cash, and conspired to obtain the bill from the injured party on the ground that the Defendant, who is in office as an executive director, was the recipient of the bill, on the ground that the Defendant: (a) obtained a bill discount in order to provide cash; and (b) obtained the bill from the injured party.

Pursuant to the above public offering, C recommended H, and the Defendant issued the certificate of business registration, the certificate of corporate seal impression, and the bill receipt account to E, and E delivered the above documents to D. On December 3, 2014, D explained as if the actual payer was H in the “J office of Seocho-gu Seoul Metropolitan Government,” and explained as if the actual payer had been H, “H was a sound company that had been doing construction business for a period of 20 years, and there was no error in the bill transaction at all, and the outstanding amount was 10 billion won or more, so there is no risk of accidents even by issuing a bill.

On the face of the issuance of the Chapter II of the electronic bill in the face of KRW 500 million per day with H as the addressee, the immediately following day was discounted by December 5, 2014, and the settlement was made until December 8, 2014.

However, the fact was that H, not H, tried to discount bills, and H, around September 2014, when the representative director K was faced with the crisis of default due to the violation of the Labor Standards Act and the violation of the Foreign Exchange Management Act, etc., H paid a separate discount amounting to the total face value of KRW 1 billion.

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