Text
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
Reasons
Punishment of the crime
On April 8, 2016, Defendant A was sentenced to imprisonment with prison labor for a crime of fraud at the Busan District Court on April 8, 2016, and the above judgment was finalized on May 10, 2016.
Defendant
A is the vice president of the FF corporation located in Gyeongcheon-si, Gyeongcheon-si, and the defendant B is the standing director of the FF corporation.
The Defendants were unable to pay various taxes, electricity taxes, rents, etc. due to the difficulties in operating the above company's development factory, and were willing to receive advance payments through false scrap metal supply agreements.
On May 27, 2015, the Defendants: (a) in a dormitory room in which the trade name on the first floor of the F-factory dormitory located in G G G G G G G G G in the Gyeongnam Gyeongnam-gun, Defendant B left the scrap metal of 150 tons per month for the victim H.
In order to enter into a scrap metal contract with the amount of KRW 50 million around, the contract is first rescinded.
The contract will be entered into with advance payment of KRW 30 million.
Defendant A makes a false statement, and Defendant A will provide the victim with all of the scrap metal produced to F Co., Ltd. if the advance payment is made, as the scrap metal of 150 tons per month has been produced.
The phrase “ makes a false statement.”
However, in fact, F Co., Ltd. was in arrears with 100 million won tax, and became a short time due to the failure to pay the electricity tax, and the factory building was also an auction at the court, and even if the factory was not operated due to the lack of the order at the time, there was no intention or ability to produce and supply scrap metal of 150 tons per month to the victim even if he received advance payment from the injured party.
In collusion, the Defendants received 30 million won as advance payment from the injured party immediately from the said false statement, and acquired it by fraud.
On November 11, 2009, the defendant A was sentenced to imprisonment with prison labor for one year and six months in the Busan District Court's Dong Branch, six months in the same court on May 1, 201, six months in the course of fraud, and ten months in the same court on October 16, 2010, respectively.