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(영문) 창원지방법원 마산지원 2018.11.30 2018고합6

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

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

Reasons

Punishment of the crime

【Defendant A, on April 26, 2017, was sentenced to imprisonment of one year and six months for fraud in the Changwon District Court Branch Msan Branch, and the said judgment was finalized on September 29, 2017.

Defendant

B On February 7, 2018, the Changwon District Court was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act in the Changwon District Court’s territorial branch, and the sentence was finalized on July 19, 2018.

【Criminal fact-finding Defendants conspired to construct and operate a shipbuilding equipment factory in collusion with the Defendants at the F market office in the city of Changwon-si around June 2015 and at the victim H office operated by the said 301 G, and at the victim H office operated by the said 301 G. G.

If a factory is located, it is possible to obtain a loan of financial rights, and it is possible to pay the price because of its financial power and business ability.

If 1,68,2720,000 square meters of land 13,906 square meters in Gyeong-nam I will actually succeed to the loan of 1.2 billion won secured by the above land and pay the balance of 48,2720,000 won until November 30, 2015.

In addition, if J-land 10,962.7 square meters and K land 10,312.7 square meters are sold in KRW 2.577,432 million, a loan of KRW 1,65,000,000, which is secured by the above land is actually succeeded, and an intermediate payment of KRW 200,000,000 on November 15, 2015 and the remainder of KRW 72,4320,00,000 will be paid on January 31, 2016.

“A false representation was made.”

However, in fact, the Defendants did not have any specific loan plan and did not have the ability to pay the land price, and even if they received additional loans under the name of the new factory construction fund, they did not have the intent or ability to pay the price even if they received the ownership of the above land because they had to use the funds for the new factory construction.

Nevertheless, on June 5, 2015, the Defendants: (a) by deceiving G as above; (b) obtained ownership of the said I land in the name of Defendant B, a representative director, and (c) obtained the said land from the livestock industry cooperative, which was located in the same day; and (b) borrowed KRW 1.2 billion as security; and (c) paid out only the existing loans to Busan Bank, Busan, Inc. of the victim