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(영문) 대전지방법원 천안지원 2017.11.30 2017고단581

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative director of the Bank of Korea Co., Ltd.

On October 15, 2012, the Defendant entered into a contract with the representative director E of the Victim Dispute Resolution (hereinafter referred to as the “victim Company”) to “A project owner, the contractor, the victim company, and the construction cost of KRW 5.61 billion.”

In addition, the Defendant prepared a certificate of fairness in monetary consumption lending and lending, separate from the victim company, that the Defendant borrowed a sum of KRW 500 million from the victim company on September 30, 2012, and KRW 500 million on January 14, 2013, and repaid the above KRW 500 million up to June 30, 2013.

Although the Defendant had completed construction as scheduled by the victim company with respect to the price for the construction of the said freezing storage, and claimed for the price for the construction of the said freezing, the Defendant did not pay the said price at KRW 1.9 billion on January 31, 2013, KRW 270 million on February 28, 2013 ( unpaid KRW 270 million), KRW 50 million on April 1, 2013 ( unpaid KRW 50 million), and KRW 1.6 billion on April 30, 2013 ( unpaid KRW 160 million), including KRW 480 million on April 30, 2013 ( unpaid KRW 160 million), including KRW 50 million on April 30, 2013.

On April 30, 2013, the Defendant borrowed additional KRW 200 million to the representative director E of the victim company, “Around June 30, 2013, the sum of the above KRW 500 million will be repaid until June 30, 2013.

“A false statement” was made.

However, in fact, the Defendant had not paid the construction cost of KRW 480 million to the victim company as above, and had already borrowed money of KRW 500 million to the victim company, and there was no financial circumstance such as not being able to pay retirement allowances to the majority of the employees retired from 2012 to 2013.

In addition, the Defendant, without a specific repayment plan for the borrowed money from the victim company, was thought to repay the money borrowed from the victim company to the victim company by claiming the reduction of the construction price and the offset. Therefore, it is normal to borrow money from the victim company.