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1. Defendant A and B shall be sentenced to two years of imprisonment and fine of 1,000,000,000, and Defendant C shall be sentenced to one year and six months of imprisonment and fine of 950,000.
Reasons
Punishment of the crime
1. Criminal records;
A. On November 29, 2010, Defendant A was sentenced to three years in the Suwon District Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., and the judgment became final and conclusive on August 18, 201.
B. On April 9, 2009, Defendant B was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on April 17, 2009.
C. On April 9, 2009, Defendant C was sentenced to a suspension of the execution of six months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on August 20, 2009.
2. Criminal facts are those who run the “H” and “I” as agricultural products distributors, and Defendant B is those who actually run the J Co., Ltd. (hereinafter “J”) and Defendant C is the representative director of the J.
The Defendants issued a payment guarantee issued in the name of the head of the mutual savings and finance branch office in Gangnam-gu, Seoul at a restaurant where the trade name in the Gangnam-gu, Seoul is unknown around early 2007, and Defendant A submitted a payment guarantee issued in the name of the head of the mutual savings and finance branch office in order to purchase grain on credit if the Defendants submitted it to the Nonghyup. On the other hand, Defendant B and C accepted it.
Therefore, the Defendants pretended as if there was a significant transaction outcome in the name of the J without any business performance, and as a security, conspired to obtain a letter of payment guarantee issued in the name of the head of the branch office of a financial institution and to engage in credit sales.
Accordingly, the Defendants conspired to make a profit on July 25, 2007, and submitted a list of the first-stage sales invoice and the list of the individual suppliers by seller at Ansan Tax Office in 2007. The facts are as follows: (a) the Defendants supplied goods or services equivalent to KRW 272,728,000 in price to K Co., Ltd. or supplied goods or services from L. 260,250 in price.