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(영문) 수원지방법원 성남지원 2015.07.02 2014고합305
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is the representative director of D (ju) of the building C, 1001, Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

The defendant around April 5, 2013, at the victims' Korea Technology Credit Guarantee Fund Evaluation Center located in Seongbuk-gu, 367-3, Sungnam-si, Sungnam-si, Seoul Metropolitan City, "The result of public sale of tubes (export) which is a broadcasting equipment in D's domestic operation is KRW 7.46 billion in the year 201, KRW 9.429 billion in the year 2012, KRW 10.3 billion in the year 2013, KRW 1.473 billion in the year 5 billion in the year 5,000 as of April 5, 2013, the defendant submitted a joint and several surety plan to the effect that the amount of the share is KRW 1.59 billion in the amount of non-performing bonds held by the special purpose company ("B's new and several surety bonds") and the amount of non-performing bonds held by the company is not the amount of money held by the company.

However, in fact, D's financial obligation amounted to 4 billion won, and D's financial obligation amounting to 500,000 won was liable to F's advance payment obligation on March 2013, 2013, and the material price and employees' monthly wage cannot be paid properly, and since the company's business place and Defendant's residence request for sale of the company's house was difficult, the victim did not have any intent or ability to pay the amount even if it made payment guarantee.

Nevertheless, on June 3, 2013, the Defendant deceiving the victim and caused the victim to do so to guarantee the payment of the victim to enter into a guarantee private equity loan subscription contract for corporate bonds equivalent to KRW 600 million of the issuance of D (State) issued by the Defendant in our investment securities, and around June 4, 2013, the Defendant had a corporate bank, an entrusted bank, under the above contract, to a single bank under the name of D (State), the head of the Tong under the name of D (State) as the non-guaranteed private equity loan subscription price.

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