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(영문) 대전지방법원 2018.05.09 2017재고합29
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by imprisonment for a period of two years and six months and by a fine of forty thousand twenty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[Majority Opinion] On January 26, 2018, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daejeon High Court on January 26, 2018 and the suspended sentence was finalized on February 3, 2018.

[2] The Defendant is the representative director of Gangnam-gu Seoul E 602, who was established for the purpose of wholesale and retail business for the distribution of steel and steel products (hereinafter “B”) B Co., Ltd. (F on June 18, 2013 to B, hereinafter “B”).

1. On July 12, 2013, the Defendant may supply the steel bars through other large companies, to the person in charge of the business of the victim company that wants to be supplied with steel bars at the victim H English integrated corporation office located in Geumcheon-gu Seoul Metropolitan Government (Seoul), the Defendant, “Although our company is not holding a large number of steel bars, our company may supply steel bars through other large companies.

Along with the provision of security to J Co., Ltd. which is the customer of the Republic of Korea, the State made a false statement that “I will receive steel delivery within one week from J and supply to the new company.”

However, in fact, the Defendant received a demand from J Co., Ltd. to provide collateral for continuing the supply of the steel, and required a company to provide collateral, and even if the Defendant received from J Co., Ltd. the supply of the steel equivalent to KRW 900 million, he did not intend to supply the steel first to the other transaction parties and to receive the payment, and did not have the intent or ability to deliver the steel to the victim company.

Nevertheless, on July 16, 2013, the defendant deceiving I as above and caused the victim company to take advantage of property benefits equivalent to that amount by providing the victim company with real estate Nos. 201, 301, 202, d 201, 601, and 601, which were owned by the victim company, as security to J Co., Ltd., and by allowing the debtor B Co., Ltd., D Co., Ltd., the mortgagee, and the maximum amount of claim 60 million won.

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