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(영문) 수원지방법원 안양지원 2020.02.14 2019고합100
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 4, 2015, the Defendant was sentenced to three years of suspension of execution on September 12, 2015, on the grounds of occupational embezzlement, etc. in the Gyeyang Branch of the Suwon District Court, and such judgment became final and conclusive on September 12, 2015.

【Criminal Facts】

On September 16, 2013, the defendant operated the KOB to purchase and develop used semiconductor equipment from large enterprises, and entered into a contract with COB to purchase and sell used semiconductor equipment, which is used as a victimized company.

1. Around September 16, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) said that, at the office of the company B in Pyeongtaek-si D, the Defendant would sell 50 facilities, such as E-Bam, purchased at a large discount from the company in Korea, and the semiconductor equipment, to E-Bam, to the employees in the name of the said victimized company, “if the Defendant invests KRW 2 billion in E-S corporation (E-S corporation)”, the Defendant would sell 50 facilities, such as E-Bam, purchased at a large discount from our company, and instead, our company would sell the facilities at the market price to a third party.”

However, among the semiconductor facilities of 50,000,000,000, the market value of which is equivalent to KRW 762,000,000,000 among semiconductor facilities presented by the Defendant to the injured company, the MaCV 3, the FUDRE 5, E-Bam 2, the Coter & Developer 1, and the SURFC PR PE 12 had already been sold to other companies. Thus, even if the contract was concluded with the victimized company, there was no intent or ability to sell the above 12 equipment to pay the profits from the market value profits to the victimized company.

As above, the Defendant deceivings employees in the name of the victimized company, and acquired 762 million won from the victimized company to the corporate bank account (F) in the name of the Bank Bank in the name of the Dispute Resolution Bank Co., Ltd. (F) as the mechanical price for the above 12 facilities on the same day.

2. The Defendant, as described in the above paragraph (1), is a middle and semiconductor facility established by a contract concluded with the victimized company for the sale of semiconductor facilities.

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