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(영문) 서울중앙지방법원 2019.06.14 2019고합18
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for eight years.

Reasons

Punishment of the crime

The Defendant is the representative of C Co., Ltd. (hereinafter referred to as “C”) with the primary business purpose of manufacturing and selling peripheral devices, etc., whose office is located in B at Jeju.

In order to export sound equipment, etc. exported by C to Vietnam, the Defendant established a mutual legal entity “D” (hereinafter referred to as “V”) at the local site of Vietnam, in order to commission and process them in personnel expenses for the sound equipment, etc. exported by C.

In the event that an exporter establishes the existence of export bonds by presenting the original or copy of the export shipping documents without an export draft to the bank, the bank purchased the original shipping documents, such as bill of lading, and borrowed the amount equivalent to the amount of the export price claim. However, the exporter entered into an export credit guarantee agreement with the Korea Trade Insurance Corporation to guarantee the obligation to repay the export price claim in preparation for the case where the export price claim is not settled normally between the Korea Trade Insurance Corporation and the Korea Trade Insurance Corporation, and then the exporter shall receive an export credit guarantee agreement from the Korea Trade Insurance Corporation and submit it to the bank. The bank executes the loan to the extent of the amount guaranteed under this guarantee.

Upon the aggravation of the management of C, the Defendant had altered as if the export shipping was made on the date when the money was needed to deduct money, or had expressed a copy of export shipping documents made by falsity and an export credit guarantee letter to obtain the loan from the bank.

1. On October 30, 2012, the Defendant changed the date of shipment indicated in a bill of lading issued by “E, a transport company, which was a transport company that had been engaged in the previous transaction in an irregular manner,” to “ October 29, 2012,” which was arbitrarily changed from “A” to “E”.

Accordingly, the defendant is a securities bill of lading for the purpose of exercising.

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