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(영문) 수원지방법원 안양지원 2018.04.06 2016고합240
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for two years, for one year, for one year, and for two years, for each of the defendants C.

provided, however, that;

Reasons

Punishment of the crime

Defendant A, as the representative director of J Co., Ltd. (hereinafter “J”), was a person running the construction work for the “construction work for the J-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

1. The Defendants committed the joint crime of Defendant A and Defendant C committed the business progress due to the delay in the commencement of the construction work due to the failure to procure the construction cost of the above logistics warehouse, and they committed the following acts: (a) using the fact that small and medium enterprises issue a credit guarantee to the Korea Credit Guarantee Fund when they set up facilities such as a factory; and (b) financial institutions provide a loan for corporate facility installment repayment as security; (c) by deceiving the victims of the Korea Credit Guarantee Fund by submitting a so-called “business contract” which is less than the actual payment; and (d) submitted a credit guarantee certificate to the financial institution to obtain a company facility installment loan.

On April 20, 2014, the Defendants submitted a construction permit prior to the cancellation of the construction permit to the employees in charge of the victims and submitted the said construction permit to the employees in charge of the victims, while concealing the fact that the said construction permit was revoked on February 7, 2014 due to the delay in the commencement of the construction work, etc., and that the said construction permit was revoked on February 7, 2014. Despite the absence of the ability to procure one’s own funds, the amount of the construction permit ordered M was limited to KRW 3 billion.5 billion, and the Defendants submitted the construction permit prior to the cancellation of the construction permit to the said employees in charge of the victims, and made a false statement on the amount of the construction permit ordered for M to be KRW 6.5 billion.

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