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(영문) 서울북부지방법원 2018.02.02 2016고합547
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[2016 Gohap 547] On November 22, 2011, the Defendant established an agricultural company C Co., Ltd. (hereinafter “C”) for the purpose of manufacturing and selling kimchi, which is B at the time of the establishment of a place of business, and operated the said company as the representative director from around that time to October 2015.

A victim's Gyeonggi Credit Guarantee Foundation (hereinafter referred to as the "victim's Foundation") shall determine the additional amount of guarantee and the amount of guarantee by comprehensively examining the necessary funds for the project for the guarantee of facility funds and the ability to implement the project, the ability to bear self-funds, methods of raising funds from others, etc.

Nevertheless, on June 2015, the Defendant, who was difficult to secure funds necessary for the Kimchi Factory Extension work, obtained a guarantee of facility funds from the damaged foundation using a false contract with increased construction amount, and used it to obtain a loan from a financial institution.

Around June 2015, the Defendant entered into a standard contract for construction works with D (including added tax) in relation to the construction work of an agricultural company C (state) in relation to the construction work of kimchi factory at the same mine site office located in 130 dmp dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm dm em dm dm dm dm dm dm dm dm dm dm dm., and received.

However, the electronic tax invoice was a false document prepared to disguise the ability to bear his own funds as if the defendant had not paid the down payment of KRW 580,000,000 to D, and also the standard contract for private construction works.

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