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(영문) 대전지방법원 서산지원 2020.01.02 2019고합58

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment of four years and six months and fine of 2.2 billion won, Defendant B shall be punished by a fine of 150 million won, and Defendant B shall be punished by a fine of 150 million won.

Reasons

Punishment of the crime

[Basic Facts] Defendant A is the actual operator of Defendant B Co., Ltd. (hereinafter “B”) that mainly performs the processing of metal materials and non-metallic metal materials from around 2014, and Defendant D is the representative of the said company E Co., Ltd. (hereinafter “E”), and Defendant C was the representative of F (ex officio closure of business on July 27, 2016).

【Criminal Facts】

1. Joint criminal conduct of Defendant A and D – Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

A. On May 2015, Defendants related to the public offering purchased the compression machine from Defendant B, using the fact that the actual price of the subject matter of the sale (hereinafter “the subject matter of the instant compression”) is less than KRW 750 million,000,000,000, the actual price of the subject matter of the said sale (hereinafter “the subject matter of the instant compression”) is assessed by the cost method (calculated value by depreciation for the period of use) at the time of examining the loan from the bank, the Defendants prepared a sales contract (the “business contract”) and tax invoice with the proceeds of the instant compression machine as KRW 3 billion, and Defendant A applied for a facility loan from the victim G bank (hereinafter “victim bank”) as security, and Defendant D received false materials that meet the purchase price of the instant compression machine as KRW 300,000,000,000,0000 from the victim bank, and returned the proceeds of the loan from the victim bank to Defendant A’s account to use the Defendant A’s account.

B. In May 2015, Defendant A, in accordance with the above public offering, had been employed at the victim bank I Financial Center stores located in Ansan-si, Dong-si, Dong-si, and through B’s staff J, in the way that the employee in charge of the non-name loans was 3 billion won.