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Defendant
A Imprisonment with prison labor for six months, and for one year and two months, respectively.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
[Defendant A] On November 7, 2013, the Gwangju High Court sentenced seven years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., of which the judgment became final and conclusive on March 27, 2014.
【Criminal Facts】 Defendant A established and operated “F” in Indonesia in around 2003, and Defendant B was an employee of the said legal entity as the early car of the said legal entity, and the said legal entity’s business purpose was to trade or export copper and scrap iron.
Defendant
B: (a) around January 2010, the Indonesia purchased the Guide on the part of Indonesia and made business profits from selling them in Korea through H, which is an employee G, the victim company, and (b) the Defendant A entered into a Guide export contract with the victim and transferred the amount of USD 201,230,000 for three occasions from February 1, 2010 to April 22, 2010; and (c) around August 2, 2010, exported the amount of Guide equivalent to USD 108,540, the market price of USD 108,540 to the victim and exported the remainder of USD 92,690 to the victim.
On August 2010, the Defendants shown that “Guluri has been coming to the said corporate office in early 2010, and the money is urgently needed” to the above H, and around that time, the Defendants showed that Guluri was accumulated in the above H and the local area.
However, in fact, the Defendants failed to export old rates equivalent to USD 92,690 already received due to the lack of the quantities secured at the time, and all of the old rates presented to the above H was not secured by the Defendants, and at that time, the Defendants did not have any intent or ability to export old rates even if they received money from the victims, such as hiding the victims, even if they did not obtain money from other importers in Korea, even though they failed to export approximately KRW 2,500,000,000,000 from other importers in Korea.
Accordingly, the Defendants deceiving H as above.