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(영문) 수원지방법원 안산지원 2013.07.12 2013고합60
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for a period of two years and six months, each of the defendants B and C shall be punished by imprisonment for a period of one year and six months.

However, the defendant B.

Reasons

Punishment of the crime

[criminal power] On December 3, 2010, Defendant A was sentenced to a three-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Suwon District Court's Ansan Branch on December 3, 2010, and the above judgment was finalized on December 11, 2010.

Defendant

B on December 3, 2010, the Suwon District Court was sentenced to a suspended sentence of two years in one year and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on December 11, 2010.

Defendant

C On February 25, 2011, the Busan District Court was sentenced to a suspended sentence of two years for the purpose of fraud. On October 27, 2011, the above judgment became final and conclusive.

【Criminal Facts】

Defendant

A is the representative director of L Co., Ltd. (hereinafter referred to as “L”) who produces the actual block of motor vehicle engines located in Ansan-si, Ansan-si, and Defendant B is responsible for managing L's funds, and Defendant C is the actual operator of O who sells N's punishment, who is the representative director of M who is responsible for repairing L's machinery.

Defendant

A and Defendant B were unable to pay the price for mechanical repair of M due to the impossibility of L financial standing. As the price for the mechanical repair of M was not paid, the amount of money necessary for L operation, such as inducing the victim P Co., Ltd. to purchase KRW 1,090,000,000,000 at the market price of KRW 380,000,000,000,000 owned by L, by deceiving the victim P Co., Ltd. and paying the price for the mechanical repair of M, and Defendant C conspired to receive some amount under the fee.

On May 3, 2009, the Defendants also prepared a false sales contract and a written estimate with respect to the four above machinery with the seller's O, L, and one billion won in the L conference room. On June 3, 2009, the Defendants stated that "A lease would be changed to purchase KRW 1,09,000,000,000,000,000,000,000 won from O to the victim's sales manager."

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