Defendant

A Imprisonment with prison labor for the crimes of No. 1 and No. 2 in the judgment of the court below for 4 months, and for the crimes of No. 3 in the judgment of the court below for 1 year.

Criminal facts

Defendant

A was sentenced to two years of suspension of execution on September 27, 2012 by the Incheon District Court on July 5, 2012 due to a crime of invalidation of an indication of official duties, and the said judgment was finalized on September 27, 2012. Defendant B was sentenced to ten months of imprisonment for a crime of fraud at the Seoul High Court on November 21, 2014 and the said judgment was finalized on November 29, 2014. On October 15, 2015, the Seoul Central District Court sentenced one year of suspension of execution to six months of imprisonment for an occupational embezzlement and became final and conclusive on February 23, 2016.

[2015 Highest 4885]

1. The Defendants, along with H, who is the victim G team leader in Yeonsu-gu Incheon Metropolitan City F, pretended as having the ability to pay the material price to the victim, received the steel materials owned by the victim as if they were capable, and then disposed of them as used materials and divide profits therefrom. Defendant B, at the office of Defendant B located in Gangnam-gu Seoul, Defendant B, on July 23, 2012, applied for a security trust to the beneficiary G Co., Ltd., the first beneficiary of the land outside Jinpo-gun, Incheon, with the amount of KRW 4,00,000,000, which is the debtor and the truster, and requested the issuance of the certificate of the right to benefit.

The request for a security trust application and a written request for issuance of a certificate of beneficial rights, stating the purport that “H is promoting the business of making the victim’s representative director in the office of the victim on the same day, and H is promoting the business of setting up theme farming source in the area of the Incheon Youngdo, etc. on the same day, and the certificate of beneficial rights, which is 4 billion won in the amount of preferential profit, from the trust of the company, shall be deemed to fall within one week.

The right to benefit would pay the price of the material within one year, provided that the first beneficiary of the certificate is designated as G company, provided that the steel materials equivalent to the amount of KRW 3 billion are supplied.

section 3.

To secure this, the priority interest in the certificate was designated as G.

This right to benefit is a material price by receiving a loan from a bank first as security.