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(영문) 광주지방법원 순천지원 2013.05.30 2012고합310

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

(e).

Reasons

Criminal facts

The Defendant is a representative director of H, I, J, K, L, etc. of a stock company G (hereinafter referred to as “G”, and the other companies omitted the entry of “stock company”) located in F at the net City of 1,00, and the actual owner of H, I, J, K, and L, which is its affiliated company. M is a management director of the Defendant and the Dong branch G and its affiliated company, who has overall control over G and its affiliated companies.

The defendant and M had the intention to use more facility funds than the construction cost in the contract with G and I's new construction of factories.

1. On April 2009, the Defendant and M were to construct a new factory in the I N Industrial Complex where the Defendant actually owns 100% shares in the BB branch.

M demanded the O representative director P to prepare a contract for supply for the purpose of obtaining more loans from the bank, and P accepted the proposal of M with the aim of obtaining the above construction.

On September 2009, I andO prepared a written contract with the value of supply as KRW 1.7 billion, and the defendant and M made Qu in the name of the representative director on February 11, 2010 to prepare a letter of credit transaction agreement of 1.5 billion won for the purpose of building construction fund, and submitted it to R in charge of loans in the Bank of Korea BB branch.

However, the actual supply price of the contract entered into between I andO was KRW 1.145 million, and the contract submitted to the bank was about KRW 550 million, and the actual contract was about KRW 550 million.

As a result, the Defendant conspired with M and P stated in the indictment S (I representative director from September 2008 to November 2009) in the indictment, but there is no description as to the share of S’s implementation activities, and therefore, S does not recognize as a public bidder.

As above, by deceiving the victim and deceiving it from the victim on February 11, 2010, 1.245 billion won, and September 16, 2010. < Amended by Presidential Decree No. 22037, Sep. 16, 2010>