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(영문) 대구지방법원 2013.06.28 2012고단6009
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

A is the representative director of E corporation, the purpose of which is to manufacture and sell semiconductors contact films, and the defendant B is the business director of E corporation.

On November 19, 2010, at the office of G Co., Ltd. (former H Co., Ltd.) with the F building No. 804 of Daejeon Seodong-gu Daejeon (formerly amended), the Defendants falsely concluded that “If the above E-factory building is newly built in the area of land for a factory in the J of Daegu-gun-gun, the construction cost will be paid according to the nature of the construction cost if the construction cost is paid in KRW 2,314,987,40,000 in total, on the 3,947 square meters of the land for a factory in the J of Daegu-gun-gun-gun, Daegu-gu.”

However, at the time, the Defendants purchased the above factory site by lending KRW 860,000,000 without any equity capital, and it is difficult for the Defendants to pay interest of KRW 6,00,000 per month on the above loan. Furthermore, there was no intention or ability to pay for the completed portion due to the construction work because additional loans from bank rights are unclear.

The Defendants conspired to induce the victim as such, and cause the victim to be subject to such deception pursuant to the above contract, from March 18, 2011 to the same year.

4. Until June 4, 200, a total amount of 70,339,250 won of the factory site was to proceed with the new construction of factory buildings, but the price was not paid, thereby acquiring pecuniary benefits equivalent to that amount.

Summary of Evidence

1. The entry of part of Defendant A in the second trial records and the entry of Defendant B in the third trial records;

1. Each legal statement of the witness B, I, and K;

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement of the police officer to I;

1. An investigation report (to L/C at a monthly point in the Daegu Bank);

1. E (E) a detailed statement of the amount of damage from new construction works in factories, a certified transcript of corporate register, standard contracts for private construction works, acceptance of reports on dust scattering, certificates of reports on places of business producing dust, and scheduled notification of the funding for small and medium enterprise establishment;

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