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(영문) 대구지방법원 포항지원 2019.05.16 2018고합43
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

The facts charged were revised to the extent that it does not interfere with the defendant's right of defense and the identity of the facts charged is recognized.

1. Defendant A and Defendant B were the actual owners of the E-valescent Construction Corporation under the C-Medical Foundation’s Foundation’s President at the port of port, and Defendant B conspired to obtain loans by submitting to the bank a false construction contract form for the construction work, which is the contractor of the said new construction work, the F and G Co., Ltd., which is the contractor of the said new construction work.

According to the above public offering, Defendant B prepared a false construction contract document stating the contract amount of the construction work in KRW 6.6.1 billion and KRW 7,842,345,00,00, even though the actual construction cost of the construction work of the Econvalescent Corporation was KRW 4.345 million, and Defendant A submitted a false construction contract document stating the above 7,842,345,000 to the victim H Bank around July 2008, and it received from the victim H Bank the loan of KRW 2.24,00,000 on July 25, 2008 under the pretext of the construction fund of the convalescent hospital building.

As a result, the Defendants conspired to induce the victim H bank and received a total of KRW 4.49 billion from the victim H bank.

2. Defendant A

A. After establishing the Victim I Co., Ltd., Ltd., the Defendant A committed the crime against the Victim I, Defendant A, a medical corporation, established a medical corporation, and registered the J as the representative in the name of the victim Co., Ltd., and actually operated the corporation.

1) Defendant A of the occupational embezzlement of the method of withdrawing the provisional payment by the representative director in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) around June 7, 2015, was a resolution of the board of directors, the preparation of a loan certificate, and the due date for payment, while the actual representative director of the victim I, the victim I, as the victim I corporation,

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