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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. The party status and the Defendant is the actual operator of the victim I Co., Ltd. who works as the director and takes charge of loan duties, E is the representative of the corporation D, F is the actual operator of G, and H is the actual operator of the victim I Co., Ltd.
On April 2014, the Defendant may undertake construction works with a loan from the Tourism Promotion and Development Fund that is scheduled to perform remodeling works for D and that is supported by the Ministry of Culture and Sports Tourism.
B. Around that time, F and E have concluded a subcontract for the above construction work with the explanation of the amount equivalent to 26 million won as the expenses necessary for the above loan.
F was introduced to a person who will receive a subcontract for the above construction work through a branch because it is difficult to undertake the above construction work due to personal circumstances even though the F commenced the above D’s partial remodeling work.
2. Criminal facts;
A. On June 2014, the Defendant, under the name of contract deposit, applied for a loan from the Tourism Promotion and Development Fund to H, the representative of the victim company, for “D remodeling construction,” which is supported by the Ministry of Culture and Sports Tourism, to the Korea Development and Development Promotion and Development Fund. The loan is necessarily made.
The construction cost will be appropriated through financing.
“A false representation was made.”
On June 25, 2014, the Defendant continuously explained to H as above at the above construction site, and the Defendant, F, and H subcontracted the said remodeling project to the victim company; the victim company entered into an agreement with F to return the contract deposit amount of KRW 25 million in the name of the victim company, and the victim company fails to start the construction due to the failure to obtain the said loan. On the same day, H, F, etc. entered into a contract with the same content as the said agreement at the F’s office located in Gangnam-siJ on the same day.
However, the defendant had never applied for the above loan from the Tourism Promotion Development Fund at the time, so the victim company did not have the intent or ability to receive the above loan, and F.