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(영문) 의정부지방법원 2017.11.29 2016고합518
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

Defendant

A and Defendant B, as each representative director of the Dispute Resolution Co., Ltd. D, the Defendants jointly operated the said Dispute Resolution Co., Ltd and the said Dispute Resolution Co., Ltd.

The Defendants carried out the other canal voucher business (hereinafter referred to as the “instant business”) in Yongsan-gu, Yongsan-gu, Busan-si, in order to obtain the victim’s money by issuing a bill in the name of the Bank of Korea Co., Ltd or the Bank of Bankruptcy D and receiving a discount from the victim F.

On May 7, 2008, the Defendants issued bills at the discount rate of 2.5% for three months, and the Defendants would pay bills to the victims without any molding three months after the issuance of bills at the discount rate of 2.5% for three months.

“A false representation was made.”

However, in fact, the defendants thought that the pre-existing LAC or LAD is insufficient to settle a bill issued in the name of the LAC or LAD, and that the bill is provided to the victims, and that the amount of discount is used for the payment of the bill issued in the pre-existing amount, and it is uncertain whether the financial institution can receive the PE from the financial institution in connection with the business in this case. Since the defendants could not be relieved of deficit, they did not have the intent or ability to settle the bill at the maturity of the bill, even if the bill is discounted by the injured party.

1. Defendant A, in collusion with Defendant B, by deceiving the victim as above, and by deceiving the victim on May 7, 2008, delivered KRW 188,000,00 to H (I) account in the name of G, an accounting officer of the Dispute Resolution Co., Ltd., on the pretext of a discount of bills, and from that time until July 31, 2008, Defendant A received KRW 2,476,990,00 from the victim on a total of 22 occasions as a discount of bills, such as the sequence 1 to 22 in the list of crimes in the attached Form No. 1 to 31, 2008.

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