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(영문) 서울중앙지방법원 2013.12.13 2013고합609
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant operated a small and medium construction chain H Co., Ltd. (hereinafter “H”), I Co., Ltd. (hereinafter “I”).

1. Violation of the Act on the Punishment, etc. of Specific Economic Crimes (Fraud) and the Defendant applied for a loan to a staff member in charge of credit at a corporate bank dong-dong-dong-dong-gu Seoul on February 17, 2012. The Defendant obtained a loan from 00 million won in excess of the profits despite the occurrence of the enemy at H’s 3.238.4 million won as a result of the settlement of accounts for the fiscal year 2009, the Defendant obtained a loan from 1.5 billion won in excess of the profits, and obtained a false financial statement, a credit rating agency’s assessment statement, and a 1.269.4 million won in excess of the profits during the fiscal year 2010,000 won in excess of the profits, and made a loan from 00 billion won in excess of the profits, and entered the loans from 1.5 billion won in the attached Table 201 to 1.5 billion won in addition to the above 1.7 billion won in total from 2015 billion won in the above financial statements.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

A. The Defendant, on February 10, 2009, remitted KRW 10 million for H corporation funds to the account in the name of K Co., Ltd. (on the other hand, L Co., Ltd.; hereinafter “K”) under the pretext of “payment in lieu of income tax” at the H office located in the Jung-gu SeoulJ on February 10, 2009.

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