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(영문) 서울중앙지방법원 2017.08.25 2017고합181
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

U shall be punished by imprisonment with prison labor for five years, by imprisonment for five years, and by imprisonment for four years and six months, respectively.

Reasons

Punishment of the crime

1. The Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is the internal director of AT Co., Ltd. (hereinafter “AT”) that is engaged in real estate sale and lease business, and the actual manager of the said company is the Defendant A. The actual manager of E Co., Ltd. (hereinafter “E”) who is engaged in steel distribution business, etc., and the Defendant BR works as the vice head of the victim BX Co., Ltd. (hereinafter “victim”) who is engaged in steel distribution business.

Defendant

U, A, and BH have been unsold for a long time in all households other than three households among the 76 generation units of Chungcheongbuk-gun BY (hereinafter “BY”) implemented by AT around October 201, and it was impossible to repay the principal and interest of various obligations, such as loans of about 30 to 4 billion won, and bonds. As such, the cash was prepared by the method of supplying steel as security and selling it by dumping, and the Defendant U among the sales proceeds was divided into two categories: BY 10 to 150 million won per BY 1, and Defendant A and BH were divided into two categories: sales proceeds or profits, etc.

Accordingly, Defendant A and B have offered BY as security to steel suppliers, such as Posco NST and Posco Co., Ltd., and sold them with the supply of steel each at the time of dumping, and there has been a promissory note, issued for the settlement of the price to the above suppliers, issued for the settlement of the price, issued for the settlement of the price, or offered as security, so that the sale of real estate is carried out.

On the other hand, Defendant U, A and B promised to receive steel from the victim company as security the Defendant BY, which was in charge of the transaction of E and steel in spring around 2012, was unsold in BY, and then Defendant A operated on May of the same year.

E due to the outstanding amounts of approximately KRW 860,000,000,000, the defendant U is unsold in lots, such as BY.

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