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(영문) 인천지방법원 2016.08.25 2016고합399
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative of the Retail Trade Co., Ltd. D (hereinafter referred to as “D”) that is the freezing fishery products as well as the freezing fishery products located in C at the time of harmony.

Around January 2015, the Defendant: (a) around January 2015, D, operated by the Defendant, had a debt equivalent to KRW 1.820 million to the Customer E Co., Ltd. (Representative F; hereinafter “E”); (b) the Victim G Co., Ltd. (Representative F; hereinafter “G”); (c) and H; and (d) the Defendant has to pay the monthly interest of KRW 673,500,000,000. However, D’s management status has no intent or ability to pay the said amount even if it is supplied with fishery products from the victims because of financial difficulties that led to cumulative accumulation of KRW 30,00,000 per month without profits.

Nevertheless, the Defendant, as if he were to pay the price of fishery products to F, who was the representative of the victims, received the false price from the victim G, 229,225,000 won around February 2015, 29,850,000 won around April 2015, 37,350,000 won around May 20, 2015, 142,15,000 won around June 14, 205, around 00, around 005, around 00, around 005, around 00, around 005, around 000, around 05, around 000, around 05, around 000, around 05, around 000, around 005, around 04, around 2005, around 005, around 010, around 2005, around 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Each police statement made to the F and J;

1. Each complaint;

1. Each investigation report (in relation to reference materials, account tracking, and purchase amount of negotiating transaction parties after February 2015, as to K electronic account statements), and the application of statutes on the attached data;

1. Each of the relevant legal victims shall be included in facts constituting an offense;

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