2013Gohap192 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

A

Kim Young-chul (Court Prosecution) and Kim Sung-dong (Court Decision)

Attorney B (Korean National Assembly)

January 8, 2014

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Criminal facts

The defendant is a director of Yongsan-gu Seoul Metropolitan Government D Co., Ltd. (hereinafter referred to as "D") located in 21, 41, 147, and 21, and E is a business director and F of the above company.

The Defendant, E, and F conspired to acquire real estate without actual value as collateral with G Co., Ltd. (hereinafter referred to as “G”) by deceiving the Victim H Co., Ltd. (hereinafter referred to as “victim”) as a matter of course, as if they would be supplied with the L CD panel from G, and by receiving in advance the sales proceeds of the L CD panel.

On July 201, the Defendant, along with E and F, introduced D to K, the representative director of the said company, through J, a customer employee of the said company, at the office of the victim company located in Seocheon-gu, Nowon-gu, Seoul, Seoul, through the early July 201, the Defendant introduced D as a company capable of purchasing this monitor. At the coffee shop, where it is impossible to know the trade name located in the near Seoul, Yongsan-gu L, Seoul, the Defendant, “D concluded a monitoring supply contract with G, a member of the victim company, and provided real estate as security, and thus, it is expected to be provided with a monitor from G. Accordingly, at the same time, D will supply a monitor of KRW 830,950,000,000,000,000, plus 15%, within 15 days. It is complementary measures to set the maximum debt amount equivalent to the maximum debt amount of 1.5 billion won for Seoul N29,232,000 won.

On August 5, 2011, a false statement was made to the effect that if the goods are not supplied by August 5, 201, it would return money, and if the promise is not observed, it would be good for the performance of the said security", and a contract for the supply of goods with the victim company was made at the certified judicial scrivener office where the trade name in Seocho-gu Seoul Metropolitan Government Seocho-gu is unknown.

However, in fact, the Defendant and E/F did not have entered into a normal monitoring supply contract with G, and real estate offered to G as security also was not paid the down payment of KRW 70 million and the intermediate payment and the remainder with the intention to purchase KRW 1.1 billion from P, 000,000,000, as the secured value itself was unclear. As such, the Defendant and E/F merely planned to use the said money for the company’s debt repayment and personal purpose even if it was received from the victim company, and there was no intention or ability to supply the L CD panel in accordance with the victim company’s agreement.

Nevertheless, the Defendant, E, and F conspiredd to deception the victim company as above, thereby deceiving it from the victim company to a new bank account in the name of D around July 20, 201, and they acquired KRW 730 million from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the defendant, E, F, K, and R among copies of the suspect examination protocol of the defendant by the prosecution against the defendant;

1. A copy of the investigation report (a copy of the next document);

1. A copy of the transfer certificate or a certified copy of the register (Seoul Special Metropolitan City N);

Application of Statutes

1. Article applicable to criminal facts;

Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) and Article 30 of the Criminal Act.

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

1. Application of the sentencing criteria;

[Determination of Punishment] Fraudulent Crime Group, General Fraud, Type 3 (at least 500 million won, but less than 5 billion won)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment with prison labor for not less than three years but not more than six years

2. Determination of sentence and the reasons therefor;

(a) Sentence: Three years of imprisonment with prison labor for a term of four years;

(b) Grounds;

Since the defendant shared with the other two co-offenders and acquired a large amount of KRW 730 million, the liability for the crime is not easy.

However, considering favorable circumstances, such as the fact that the defendant was present at the latest at the investigative agency and was investigated by himself/herself, the confession of the crime is against his/her wrongness, there is no criminal record, and that there is no agreement with the victim during the trial process, and that the personal gain from the crime is smaller than that of other accomplices to the extent of 30 million won, the punishment is determined as ordered in consideration of the difference between the degree of participation in the crime and the circumstances, and the execution of the punishment is suspended.

The presiding judge, senior judge;

Records of Judges

Judges Kim Jae-hee