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(영문) 서울동부지방법원 2018.05.31 2017고합367
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A 4 years of imprisonment, Defendant B 3 years of imprisonment, and Defendant C 50,000,00 respectively.

Reasons

Punishment of the crime

Some of the facts charged were revised in accordance with the evidence relationship to the extent that it does not actually disadvantage the defendant's defense right.

Defendant

A is the representative director of Defendant C Co., Ltd. (hereinafter referred to as “C”) who is a company that manufactures and sells textile products in Jung-gu Seoul Metropolitan Government, and Defendant B is the vice-director of the above C’s accounting division.

[2017 Gohap 367] around July 21, 2016, C entered into a mutual agreement on credit transactions with the victimized company E (hereinafter “victim”) (hereinafter “E”).

The above credit transaction agreement is a transaction under which C concludes with the importer for the export of goods and forwards the shipment documents to the importer, and then receives the export price by selling the importer's export price claim to the damaged company, and the importer directly pays the export price to the damaged company upon the expiration date of the export price claim, and where C submits a written request for purchase of export price claim to the damaged company, the bill of lading and the written order of the importer must be accompanied.

Defendant

A and B, upon the aggravation of the financial standing of C, with the alteration of the order of goods or bill of lading, submitted it to the damaged company along with the written request for purchase of export-price bonds and submitted it to obtain the export price amount from the victimized company.

1. On April 2017, Defendant A forged securities: (a) at the F Office of Defendant A’s operation located in the Republic of the Philippines around April 2017; (b) at several copies of a bill of lading held by using a blade copy without authority for the purpose of exercising by G, who is an employee of the place; and (c) on April 9, 2017, the date of shipment by inserting the necessary numbers and letters, such as the date, on other copies of the bill of lading; and (d) copying them again. (SIPE OBD APAL 09, 2017); (b) H, F, and New York located in the Republic of Korea of the Republic of Korea.

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