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(영문) 인천지방법원 부천지원 2016.06.30 2014고단2893

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall receive money of KRW 130 million from the applicant D to the applicant D.

Reasons

Punishment of the crime

To the extent that the identity of the facts charged is recognized, the facts charged is partially corrected or embodied so as to conform to the results of the examination of evidence.

The Defendant, who was the actual operator of G Co., Ltd. G in Kim Jong-si, was in arrears with wages, four major insurance premiums, national taxes and public charges of workers, and was in charge of the construction of the said G.

In the event that there is a work price not paid to H, the said G site, etc. has been awarded a successful bid to J, the representative of the I Co., Ltd., and in order to re-assign it for KRW 6.3 billion, K was a director of K.

L Through L, in the event that the site of the above G was requested to a multiple financial institutions as collateral for the loan examination, but the loan was not performed well, the contact was received from L to the effect that the loan would be a loan to pay various public charges, such as national taxes, etc. in arrears, and if the loan was paid only with the above delinquent national taxes, etc., the victim would be willing to borrow money from the victims as if the loan would have

Accordingly, around August 9, 2013, the Defendant loaned the amount of KRW 130 million on the pretext of the payment of public charges in arrears, etc. to the victim D, who was an investor who was aware of the introduction of the above H at the above G office, to the effect that the Defendant “(s) was talking about the loan from the financial institution (which is equivalent to the funds re-paid by taking the above G site as security). However, as the loan is implemented only with the certificate of full payment of the taxes and the amount in arrears, the Defendant borrowed the amount of KRW 130 million on the pretext of the payment of the public charges in arrears. It is also necessary to operate the corporation until the loan occurred, and it is necessary to lend the corporate fund up to the date of the occurrence of the loan, and it is possible to fully

“...” Such words were sent to investors E through H and victim D, which are affiliated with the same investment group.

However, due to fact, progress of auction, etc., the number of loans secured by the above G site is large.