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(영문) 대전지방법원 홍성지원 2019.07.04 2017고합90
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A In June of two years and six months, the defendant limited liability company B shall be punished by a fine of KRW 25,00,000, and the defendant limited liability company C shall be punished.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendants' exercise of their right to defense, part of the facts charged is revised and recognized.

Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the Defendant A [the fact of the preceding paragraph] established D A with a limited liability company of KRW 50 million in the initial capital around December 29, 2014, and around May 25, 2015, Defendant A entered into a contract with E, a seller, to purchase the F factory site of KRW 5,4724 square meters (1,650 square meters) at KRW 652,000,000,000,000 from G, which is scheduled to perform the new construction of a factory, to purchase the F factory site of KRW 50,000,000,000,000 from H bank and paid the balance after borrowing KRW 499

Defendant

A, as above, contracted the construction of a new factory to G in the above factory site for the total construction cost of 1.8 billion won, G Co., Ltd. commenced the construction work on July 2015, but it suspended the construction work as Defendant A was unable to pay the construction cost on September 2015.

Accordingly, Defendant A was directly performing the steel framed construction work.

【Criminal Facts】

Defendant

A falsely concluded on September 2015, “The price for the supply of steel materials to build a new factory in the mountain group shall be paid in cash in the following month,” to the victim I's business team leader of the corporation E, a steel material distribution company, at the office located in the Seocho Kim Jong-si, Inc., Ltd. in the early 2015.”

However, as stated in the above premise facts, Defendant A established a company without any particular capital to purchase the site and purchased the factory, and became liable for the debt of 600 million won or more in the process of constructing the factory, and the construction cost was not paid to G Co., Ltd., and there was no intention or ability to pay the substitute payment even if the materials were supplied from the

Nevertheless, Defendant A, as seen above, deceiving the victim and deceiving the victim, is equivalent to KRW 54,780,440, around October 1, 2015.

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