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(영문) 울산지방법원 2017.09.20 2017고단1809
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of C, and Defendant B is the actual operator of (State)D.

C concluded a loan agreement with a new victim bank on the “loan on Security of Electronic Credit Sales Claims,” and (State) D entered into an agreement on the “loan on Security of Electronic Credit Sales Claims,” respectively with the victim. As such, both companies purchased goods from D (State) this Section and make payments with an electronic bill, C may claim sales claims against the victim, thereby receiving an amount equivalent to the sales proceeds from the victim, and thereafter, they could make credit transactions in the form of paying the amount to the victim.

1. On July 2014, Defendant A committed fraud for the purpose of financing the operating capital of C, which caused the shortage of the operating capital of D Habman, Defendant A abused the above points, thereby doing so with Defendant B’s abuse of this point, and doing so with electronic bills, and C requested the payment of the amount corresponding to the amount of the money to be paid by the injured party. Defendant B received the request from Defendant A.

On July 23, 2014, Defendant B had access to the Internet banking site of the victim by using the computer at the (State) D office located in Jung-si, Young-si, Inc., and had been supplied with scrap metal equivalent to KRW 200 million from C, and Defendant B filed a claim for payment of the amount equivalent to sales claim with the purport that the above transaction had been made by using the computer at the C office located in Ulsan-gu, Ulsan-gu, Seoul. F. on the same day.

However, in fact, the defendants were only for the purpose of financing C's operating funds by pretending to false credit sales, and there was no fact that C actually supplied scrap metal to D.

The Defendants, as above, deceiving the victim and deceiving the victim, are 200 million won from the victim’s new bank account in the name of C around July 23, 2014.

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