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Defendant
A Imprisonment with prison labor for eight years and for one year and six months, respectively.
Defendant
A.
Reasons
Punishment of the crime
Defendant A is the representative director of the J Co., Ltd. (hereinafter “J”) established for the purpose of the wholesale and retail business of steel materials. Defendant A is a person who actually operates J and K Co., Ltd (hereinafter “K”) and L (hereinafter “L”).
1. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against Defendant A’s Victim M Co., Ltd. (hereinafter “M”) intends to issue a guarantee of the Credit Guarantee Fund’s guarantee of payment for all steel products from KRW 500 to KRW 1 billion at the Daejeon Seo-gu N, 108 Dong 1803, around May 2012, to the representative director of the victim M who was engaged in steel transactions with the Defendant and the victim’s representative director who had been engaged in steel transactions at the time of increasing the size of steel purchase.
From that time, the order volume was increased from 2 times to 4 times, and the attitude was shown to have been properly paid for steel products around September 2012, and a large quantity of steel products were ordered.
However, the facts are as follows: (a) the Defendant: (b) sold steel products he purchased from the victim M in the form of K or L in the name of the representative director; and (c) received the sales price as L/C promissory notes; (b) then disposed of them separately; and (c) there was no intent to pay the corresponding amount of steel products to the victim M even if the Defendant purchased a large amount of steel products from the victim M, because the Defendant planned not to pay the price for the default of the bills issued from L to the victim M.
Nevertheless, the Defendant: (a) by deceiving theO and being supplied with steel materials equivalent to KRW 1,038,403,861 from the Victim M around September 2012; (b) settled only KRW 413,537,828 of the following month; (c) supplied steel materials equivalent to KRW 1,108,679,748 on October 2012; (d) settled only KRW 724,86,033 of the following month; and (e) settled only KRW 1,269,052,411 on November 2012.