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(영문) 울산지방법원 2014.04.04 2013고단3410
사기등
Text

Defendant

A Imprisonment for three years, Defendant B and C shall be punished by imprisonment for ten months.

However, as to Defendant B and C, this shall not apply.

Reasons

Punishment of the crime

[2013 Highest 3410] Defendant A is a person who actually operates the said company as the representative director of the I Co., Ltd., a corporation established for the purpose of mechanical processing business, etc. (hereinafter “I”).

I supplied the iron plates from the companies, such as Sung Jinteex (hereinafter referred to as the “Sajinteex”) and Taebongteex (hereinafter referred to as the “Saeongteex”), and cut, processed, and supplied them according to the production request of the above companies.

The ownership of scrap metal or non-ferrous (one-name "scam scrap") generated in the course of cutting, processing, or processing scrap from the above companies is originally in the original crox, the original crox, and the large crox. In the meantime, the above companies, which were the original crox, shall offset the value of the scrap by the cost of processing the scrap, and I shall dispose of the scrap. However, since around July 201, since around 201, the above crox, the original crox, was recovered from I, it was difficult for I to dispose of the scrap.

On the other hand, Defendant A had already entered into a contract for the supply of scrap metal with K at KRW 250 million on March 201, but, unlike the anticipated that the supply of scrap metal at least 100 to 200 tons per month for the previous three-month period, Defendant A had a poor business operation to the extent that it could have been able to supply only scrap metal at least 130 tons per month during the previous three-month period.

In addition, Defendant A promoted a plan to expand the factory in Ulsan-gun L from May 201 to April 201, and transferred the above MM from December 201 to April 201, Defendant A was in fact unable to properly operate the factory due to the movement of equipment, installation, etc. during the above-mentioned period, and Defendant A received a loan amounting to KRW 2 billion from the Busan Bank around October 201 for the relocation of the factory.

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