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1. Defendant A shall be punished by imprisonment for three years;
2. Defendant B shall be punished by imprisonment for three years;
3. The defendant C shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[Criminal Justice] On February 15, 2013, Defendant D was sentenced to a suspended sentence of four months of imprisonment for fraud at the Incheon District Court on February 15, 2013, and the said judgment became final and conclusive on February 23, 2013.
【Criminal Facts】
Defendant
A is the representative director of R (hereinafter referred to as “R”) and Defendant B is the director of R and the representative director of S Co., Ltd. (hereinafter referred to as “S”), Defendant C is the representative director of U.S. Co., Ltd. (hereinafter referred to as “U”), Defendant D is the actual operator of Defendant D Co., Ltd. (hereinafter referred to as “V”), Defendant E is the nominal representative director, and Defendant F is the representative director of W Co., Ltd. (hereinafter referred to as “W”).
1. 2013Gohap146;
A. Defendant AB’s crime - Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has deepened R’s financial crisis, Defendant AB prepared a false deposit certificate, facility construction contract, etc. and conspired to use the facility fund loan from the Korea Development Bank for the victim.
As the above Defendants purchased land, such as Pyeongtaek-si X, from the land in the French site around August 10, 201 and newly constructed the instant factory, the Defendants prepared a false “original contract for construction works” as if they had executed the instant construction site creation work with the R office around September 201, by taking advantage of the fact that there were many progress payments even if they did not actually construct the instant factory, they may receive a large amount of loans from the RF from the Y if there were lots of progress payments, and that the Y Co., Ltd. (hereinafter “Y”) entered into the instant new construction contract with the Z Co., Ltd. (hereinafter “Z”), even though the amount of construction would actually be 1.1 billion won, the amount of construction would be reduced to 1.6 billion won in order to obtain a large amount of facility funds from the victims of the Korea Development Bank and use it for the R’s operation fund.