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(영문) 부산지방법원 2013.04.19 2012고합1021
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Power] On October 10, 2008, the Defendant was sentenced to ten months of imprisonment with prison labor for the preparation of false official documents at the Busan District Court on January 30, 2009 and the parole period passed on March 5, 2009.

【Criminal Facts】

0. On June 20, 201, the Defendant entered into a contract with the victim E Co., Ltd. (hereinafter “victim”) in charge of the supply of energy-related goods, such as oil used in E (hereinafter “E”) along with D on June 20, 201, to supply marine oil necessary for the trial operation of oil drilling plants produced in E upon the order of foreign vessel owner, and supplied oil from F Co., Ltd. (hereinafter “F”) operated by the Defendant from June 20, 201 to December 2, 201, while supplying marine oil to the damaged company, which is not normal oil produced in oil refineries and shipped.

On the other hand, the Defendant, along with D, demanded the foreign vessel owner to transfer the oil drilling to the foreign vessel owner, to pay taxes on the maritime oil (such as export goods) sold at the same time, and subsequently, decided to continue to supply the maritime oil without material to the damaged company, but to forge the shipment slip of the oil refineries in order to conceal this.

1. On July 201, 201, the Defendant conspired with D to forge private documents and display private documents, and the written indictment of the office located in H 408 in Busan Jung-gu or the printing office located in Busan Jung-gu, Busan, stated “501, Busan, Jung-gu I building 501,” but the corrective statement is made at a place recognized by each evidence of the judgment.

- If there is no concern about substantial disadvantage to the defendant's exercise of the right of defense, the court recognized facts different from the facts charged without going through amendments to indictment to the same extent.

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