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(영문) 부산지방법원 2015.01.09 2014고합514

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is the representative director of Jung-gu Seoul Metropolitan Government D Co., Ltd. (hereinafter referred to as “D”) with the 8th floor of Jung-gu Seoul Metropolitan Government.

1. Violation of the Act on the Aggravated Punishment of Specific Economic Crimes;

A. On December 25, 2012, the Defendant entered into a sales contract with D office to purchase E, a vessel taken place in around 1988 from the LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC 70,00,00 UN ( approximately KRW 788,116,00) on a sales contract, a building certificate, etc., with a false statement on a sales contract, a building certificate, etc., and had a mind to receive a loan from a financial institution by lowering appraisal price using it.

around May 2013, the Defendant: (a) submitted a false sales contract, a shipbuilding certificate, a vessel specifications, and an import declaration form stating that H (E) purchased 120,000,000 UN (1,351,085,600 won) from G, a Japanese subsidiary company of D, 120,000,000 from G (E), the Defendant: (b) had F, who is aware of the fact that the appraisal was 725,20,000 won; and (c) had F, who is aware of the fact that the actual appraisal was 725,20,000 won, prepare an appraisal statement stating that the appraisal was 1,080,576,000 won; and (d) around May 23, 2013, the Defendant received the loan from F, under the name of F, an employee in charge of lending a vessel of H at a permanent branch of the victim bank located in Busan-dong, Busan-dong, Busan, and received the loan from F, 300.

B. The Defendant, at the early August 2013’s office, entered the cost of repair of a ship to H in a false manner, and sentenced the appraisal price to receive a loan from a financial institution for repair of a ship by using the false method.

Around that time, the Defendant: (a) around June 12, 2013, up to July 9, 2013, up to KRW 141,631,165, the repair cost of H’s vessel from around June 12, 2013 to around July 9, 2013, total of KRW 330,731,165.