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(영문) 서울북부지방법원 2019.11.28 2018고단5508
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a person who works as a business director in a business entity of operation D with the office in Jongno-gu Seoul Metropolitan Government B building C, and D is a person who engages in trade business with E.

Even if the Defendant and D were supplied with the raw materials for export by the Victim F Co., Ltd. (hereinafter referred to as the “victim Co., Ltd.”), it was difficult for the Victim Co., Ltd to be supplied with the raw materials for export from the Victim Co., Ltd. (hereinafter referred to as the “victim Co., Ltd.”) to dispose of the raw materials for export on credit and to escape abroad

Nevertheless, D, at the Seoul office of the victim company located in Mapo-gu Seoul Metropolitan Government G Building around August 2004, the victim company's employees H purchase at USD 2.12 per annum for export and USD 2.32 per meter per 1 meter. The purchase price means a false statement that "to have an importer in a foreign country transfer directly to the importer in a foreign country."

9. On October 1 of the same year, around 17th and around 10th of the same year, the original order for export was sent to the victim company, respectively.

In addition, around October 14, 2004, the defendant directly met the representative director of the victim company located in the office of the victim company located in the Busan Seo-gu, Busan, and met with the representative director of the victim company who takes part in large-scale credit transactions, or caused the importer to transfer the amount for export to the importer immediately over twice on November 15, 2004 and November 30, 2004." The defendant received 26,478 meters from the victim company around October 16, 200 of the same year from the victim company, and received 51,191,000 won for export to the victim around October 28, 2004, and received 51,191,000 won for export to the original importer on October 14, 2004.

Accordingly, the defendant, in collusion with D, by deceiving the victim company, obtained a total amount of KRW 32.4 billion for export purposes and acquired it by deceiving the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of interrogation of the accused (including K's statement section);

1. The third prosecutor's office against the defendant;

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