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(영문) 서울북부지방법원 2017.01.25 2016고단3629
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 7, 1990, the Defendant established the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Office, indoor decorations, and internal wooden business, etc. Around that time, the Defendant operated the said company as the representative director from around September 1, 2015, to around September 1, 2015.

A victim's Gyeonggi Credit Guarantee Foundation (hereinafter referred to as the "victim's Foundation") shall determine the additional amount of guarantee and the amount of guarantee by comprehensively examining the necessary funds for the project of the planning project and the ability to perform the project of guaranteeing facility funds, the ability to bear self-funded funds, methods of raising funds by others, etc. In addition, a person who has received a guarantee of facility funds shall not use the loan through such guarantee as

Nevertheless, on November 2013, the defendant borne a large amount of debt while operating the KNG, and obtained a guarantee for facility funds from the victim foundation using a false contract with the increase in the construction amount, and used a false contract with the victim's difficulty in securing driving funds, and decided to use part of the loan through such guarantee as driving funds.

On November 22, 2013, the Defendant applied for a credit guarantee with the effect that “The Plaintiff entered into a contract for construction work with H and construction cost of KRW 530 million in the said construction cost,” and the remainder of KRW 160 million in the loans from the Bank of Korea, and the guarantee for the loans from the said Bank of Korea would vary.” On October 20, 2013, the Defendant submitted a standard contract for construction work contract to the staff in charge.

However, in fact, it is thought that a loan of KRW 130 million, out of KRW 370,000,000 through the guarantee of facility funds of the victim foundation, will be used for the repayment of separate loans and the payment of credit card payment. Therefore, the standard contract for construction work contract is about KRW 230,000,000 (except for additional taxes) but 530,000,000.

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