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(영문) 광주지방법원 2016.11.04 2016고합169
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is the representative director of E Co., Ltd. (hereinafter referred to as “E”) and the actual operator of F Co., Ltd. (hereinafter referred to as “F”), a company that is the victim company G (hereinafter referred to as “victim company”) that is the victim company, and the Defendant is a company that supplies strings necessary to construct solar power plants.

The Defendant, around April 2015, at the above office of E, supplied approximately 6,00 of determined solar batteriess to E, which is the head of the victim company’s business branch, to H. F performance, E will be a joint and several surety if he prepares the contract in G and F name. F is a E subsidiary and is the same company in substance. The price of supplied goods will be paid with loans from E bank.”

On May 22, 2015, the Defendant entered into a contract with the above H to the effect that “the injured company shall supply F with the supply price of KRW 1,405,323,00 in an amount equivalent to KRW 1,570 on the date designated by F, and paid KRW 50 million to the injured company as the down payment around May 28, 2015.”

On July 6, 2015, the Defendant provided K and L-A-A-B-B-B-B-B-B-B-C-B-B-B-B-B-B-B-B-B-B-B-B-B-B

In that place, I supplied K with the rrings free of charge, and later collected the benefits of the rrings, after inquiring of whether it is possible to grant a loan, K asked for the answer that "it is possible to grant a facility loan, and the loan shall be deposited into L, a contractor," and the defendant stated in the bill of indictment on July 16, 2015 as " July 10, 2015".

However, as examined later, G sent the draft loan delegation contract to E on July 10, 2015, and E revised part of Article 1 (Purpose) of the draft loan delegation contract and affixed E seal on July 16, 2015 and sent the loan delegation contract to G.

I. ...

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