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(영문) 수원지방법원 2018.12.06 2018고단779

사기

Text

Defendant

B shall be punished by imprisonment for a year and six months.

Defendant

A shall be innocent.

Reasons

Punishment of the crime

Defendant B is the actual representative of (ju)C, and A is the representative director under the name of (ju)C, who works in partnership with Defendant B.

Defendant

B From around 2016, from around 2016, a financial institution used “the network theory of the Public Procurement Service affiliated with the Public Procurement Service,” which provides a loan as security to a goods supply contract between small and medium-sized enterprises and the Public Procurement Service, and instead, instead of using it for its intended purpose, it used the loan to pay the obligations to the existing customers or pay the wages of its employees.

Although the facts charged were written as the defendant conspired with A, it is difficult to see that the defendant conspireds with A as seen in the part of innocence, and as such, it was sufficiently examined in this court in relation to the part of conspiracy with A, the above facts of crime were corrected and recognized.

Accordingly, Defendant B entered into a contract to supply goods on the condition of completing the installation of 1,00 pacting machine re-exploiting machine at the Incheon Regional Public Procurement Service and D Industrial High School (Contract Amounting to 345,659,000 won, delivery deadline to April 8, 2017) on February 7, 2017, to A, who is the representative director in the name of the above ( state)C, who is aware of the foregoing circumstances.

On February 8, 2017, A paid to the goods supplier on the basis of the goods contract entered into with the said Incheon Local Government Procurement Service at three points in the Industrial Bank of Korea for the victims of the victims' Bank of 203 205 Dong-dong-ro 397,00,000, and the amount of credit extended at 276,000,000, and July 8, 2017, on the basis of the loan agreement entered into with the said Incheon Local Government Procurement Service. The supplier shall pay the goods to the goods supplier at 3.8795% of the short-term Korean won loan interest rate, and if the goods are supplied to the said D industry high school, the said supplier entered into a credit transaction agreement on the condition that the amount of the loan out of the contract is paid to the victim bank.

However, in fact, even if Defendant B receives a loan from the victim bank, the above amount is against the existing other transaction parties.