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(영문) 서울동부지방법원 2016.02.05 2015고합261
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On November 19, 2015, the Defendant was sentenced to fraud, imprisonment with labor for embezzlement, and imprisonment with labor for embezzlement at the Seoul Eastern District Court on January 22, 2016.

1. [Attachment 2015, 261]

A. The Defendant, who substantially operates C (hereinafter “C”), leased steel materials from the Victim D Co., Ltd. (hereinafter “victim”) and kept them in custody, concluded a steel re-lease agreement with the Defendant to return them after use at the work site of the Defendant, and received steel materials from the Defendant Company, which led to the Defendant’s financial difficulties of the Defendant Company’s corporate financial resources, and thus, was either disposed of to the middle and high-ranking steel re-lease or re-leased to E, etc.

After November 28, 2012, the Defendant borrowed steel materials to be used at the redevelopment site of the Gangnam-gu Seoul Metropolitan Government F apartment complex in which the Plaintiff is performing the construction work at the site of redevelopment at the site of the building, and would normally return steel materials after the completion of the construction.

The phrase “ makes a false statement.”

However, in fact, even if the Defendant received steel from the victim company, he did not use it in the above construction site of the Defendant and did not intend to use it for the personnel expenses of employees or sub-lease to E, etc., so even if the Defendant received steel from the victim company, he did not have the intent or ability to normally pay the steel or return the steel products normally.

As such, the Defendant, by deceiving a person in charge of the victim company and deceiving that person, identified the market price of steel materials taken by the Defendant, as shown in the list of crimes attached hereto, from around November 28, 2012, to around July 26, 2013, including the supply of steel materials (H-BEM 300 x 300 x 300) 26.094 tons from around November 28, 2012.

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