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(영문) 인천지방법원 2017.11.10 2017고합420
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of 9,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B in Yeonsu-gu Incheon and M 3102, and the defendant corporation B is a corporation with the purpose of manufacturing, manufacturing, drawing, retail business, etc.

1. Defendant A

A. A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) when the Defendant supplied goods to a domestic home shopping business entity, the Defendant, as a result of the lack of funds necessary for the company’s operation, such as requiring for 60 days or more prior to the payment of the price, established the Red bea, and entered into a false import contract as if he/she imported bedclothes, such as pressing, and entered into a false import contract as if he/she imported bedclothes, such as pressing, etc., by using relevant documents, such as an import contract. On September 20, 201, the Defendant established the Red beacom “F” through the “E”.

On March 14, 2013, the Defendant filed an application for the issuance of a letter of credit with the purport that B, by accessing B’s office to the Dong branch of the Enterprise Bank’s monthly branch, shall import the pressing, etc. from F, and received a letter of credit equivalent to US$ 110,114 from the Victim Company’s Enterprise Bank.

The Defendant continued to have “G”, the Defendant’s wife of the Defendant, submitted a bill of lading (B/L) and related documents at the point of Hong Congo, a principal bank of “F,” and sold a bill of exchange at the point of Hong Congo, a foreign exchange bank, and recovered an amount equivalent to the amount of export bills in the name of “F,” and filed a claim for payment on the letter of credit at the same port of the European Bank, a bank, the issuing bank, for the payment of the amount of credit.

However, in fact, “F” is a telecom with which there is no entity as above, and the export and import transaction between “F” and “B” does not exist and the Defendant acquires the L/C price only.

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