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(영문) 청주지방법원 2017.12.22 2017고합144
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to six months of imprisonment with prison labor at the Cheongju District Court on October 11, 2012, and completed the execution of the sentence on December 18, 2012, referring to the 730th day of the investigation records.

[Criminal facts]

1. The Defendants’ joint crimes committed by the Defendants are those who operated G Co., Ltd. (hereinafter “G”) from February 3, 2006 to February 303 of the Cheongju-si Office (hereinafter “Cheongju-si”), and Defendant B is those who worked as a director of G.

Defendant

A, on November 14, 2014, between Jincheon-gun and H (hereinafter “H”) (hereinafter “instant site for business”), concluded a sales contract of KRW 4.9 billion by 4.64 in the investigation records of KRW 4.64,00,000,000 for the purchase price, but was paid KRW 50,000 for the first down payment and KRW 650,000,000 for the second down payment, and was notified by H on November 21, 2014.

Nevertheless, Defendant A forged a certificate of remittance confirmation as if he paid KRW 2.7 billion out of the above purchase price to H, and used it to obtain money from the victim J Co., Ltd. (hereinafter “victim J”) and the victim K Co., Ltd. (hereinafter “victim K”).

A. On December 5, 2014, Defendant A, via the Internet, remitted each of KRW 70,00 and KRW 20,000 from the National Bank Account (L) in the name of G to the National Bank Account (N) in the name of Defendant A’s BK Bank Account (L) via the Internet, and received two copies of a certificate of remittance confirmation.

Defendant

A around December 5, 2014, around 09:24, sent two copies of the certificate of remittance confirmation to Defendant B via e-mail, and as if G remitted KRW 2.7 billion to H, Defendant B instructed to revise the contents of the certificate of remittance confirmation. Defendant B used the Pototototool program to “2014-11-13 11:04:39” in the column of the date and time of entry of the IBK bank, “1,00,000,000 won” in the column of the amount of transfer, and “O” and the amount received in the deposit account column.

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