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(영문) 수원지방법원 2016.10.27 2016고합469

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor for three years and for one year and six months, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

A is the representative director of B (State), and the defendant C is the director of the above company.

1. On May 12, 2012, Defendant A entered into a supply contract with E substantive operator G and 380 million won at E office located in Scheon-si F.

Defendant

C On May 18, 2012, after having access to the Internet homepage of the Energy Management Corporation, a victim by computer with Defendant A and G at the above office, the above E representative H, prepared an application for recommending the rationalization of the energy utilization fund of KRW 380 million with false contents as if the above heat treatment was energy-saving heat treatment in the name of the above E representative H, and submitted it to the victim.

On June 21, 2012, the victim issued one copy of the recommendation for the rationalization of the energy utilization fund to G in order to obtain a loan at low interest from the Gyeongnam Bank. G around that time submitted the above recommendation letter to the Gyeongnam Bank and received a loan of KRW 380 million from the above bank.

However, the fact is that one of the above heat treatment units is the main source of electricity, so it was not possible to obtain a recommendation from the victim for the rationalization of the energy utilization.

As such, the Defendants conspired with G and deceptioned the victim, and issued one copy of the letter of recommendation from the victim for the rationalization of the energy utilization, and received the amount of KRW 380 million from the Gyeongnam Bank.

2. On October 22, 2012, Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) related to I entered into a supply contract with K representative director of the said company and 650 million won at the (State) I Office in the JJ of Kimhae-si on October 22, 2012.

Defendant

C On the 23th of the same month, at the above office of the company as Defendant A and K, connected with the victim’s Internet homepage, and then, as if the above heat treatment route was an energy saving heat in the name of the above company, the amount of KRW 258 million is false.