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(영문) 의정부지방법원 고양지원 2016.09.30 2015고합290
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On December 8, 2015, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment due to a violation of the Labor Standards Act at the Jung-gu District Court on December 8, 2015 and the said judgment became final and conclusive on July 22, 2016.

[Criminal facts]

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is the representative director of the D Co., Ltd. (hereinafter “D”) in Macheon City Co., Ltd. (hereinafter “D”) from the representative director F of E Co., Ltd. (hereinafter “E”) in December 2010, the Defendant borrowed a bill issued by the victim Co., Ltd. (hereinafter “E”), and used the bill at a discount, and paid the bill money to the victim Co., Ltd. on the date of presentation of payment. As the Defendant was unable to pay the bill from time to time due to the financial shortage, the Defendant borrowed the bill in addition from the victim Co., Ltd. to pay the bill at a discount, and became subject to a return “componing.”

The Defendant was proceeding with the Victim Company on February 22, 2012.

D At the new construction site of D, F will pay the remainder after paying the construction cost at a discount, on the face of one note, which is issued E because there is no funds in Korea.

In addition, it made a false statement to the effect that the bill will be liable for and repaid later.

However, the defendant did not have the intention or ability to pay the amount of the bill to the victim company on the date of presentation for payment due to the circumstance that the defendant prevented the above return.

The Defendant, as such, by deceiving F, who is the representative director of the victim company, received a copy of the Promissory Notes, which is the issuer “E”, “9,870 million won”, “G” and “G” from the victim company through F.

In addition, from around that time to June 29, 2012, the Defendant received a letter of promissory note 13 (1,178,600,000 total face value) from the victim company in the same manner as indicated in the attached list of crimes.

2. Fraud;

A. The Defendant committed a crime against the Victim H in spring in 2011.

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