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(영문) 춘천지방법원 원주지원 2016.12.07 2016고합54
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant is a major shareholder holding 23.73-28% of the shares of D Co., Ltd. (hereinafter “instant company”) from around 1993 to August 31, 2015, and is a director from around 1985 to around 1996, who was actually operating the instant company while serving as an auditor from around 1993 to around 1996.

Since 201, it is difficult for the instant company to borrow money in normal ways such as receiving additional loans from financial institutions due to the aggravation of the operating situation of the instant company and the cumulative loan. From around 2006, the Defendant: (a) around 2006, the Defendant borrowed money on the condition that the Defendant would have good financial capacity of the instant company and Defendant; and (b) deposited the instant company with the payment of interest at the rate of KRW 30 million to KRW 40 million for the daily cash sales of the instant company; and (c) received subsidies from the local government; (b) the Plaintiff owned 50% of the shares of the building equivalent to KRW 20 billion in the building located in Suwondong-dong, Seoul; and (c) owned a lot of land in the first week; (d) the mother used it for the purpose of using it in the existing interest payment, etc. or using it for the personal purpose of using it.

On December 26, 2012, the Defendant made a false statement to the victim E, “On retirement pay if there are drivers retired from the instant company,” and the Defendant did not separately set aside retirement pay, thereby making it necessary to pay money. The Defendant borrowed money only for two to three months.”

However, in fact, since the company used 1.65 billion won of bonds around 2001, it has continuously drawn up bonds and used them as operating expenses such as monthly pay for employees and interest expenses for bonds, but has incurred 200 million won per month.

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