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(영문) 광주지방법원 순천지원 2014.12.23 2014고합129
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is the representative director of E Co., Ltd. (hereinafter referred to as “E”) who carries on the business related to the old mine, and the other companies also omit the entry of “stock company”).

On September 8, 2010, the Defendant applied for a loan of 2.5 billion won for a loan for the provision of facilities related to the construction of factories and facilities to the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor's construction of machinery supply to the F company in the amount of KRW 1.193 billion, respectively,

[B] On November 1, 2010, the Defendant applied for the change of a building company from G General Construction to DS Construction. On October 11, 2010, Jin-Gongju extended a loan of KRW 2 billion ( KRW 1.350 million for facilities, KRW 650 million for construction fund, and KRW 650 million for construction fund) on the condition that construction of a new factory and equipment is conducted according to a contract agreement with F Company and G General Construction.

On January 3, 2011, as a result of the on-site survey conducted on the actual condition, it is confirmed that part of the facilities originally imported and manufactured by the FF company was used as used goods. On February 1, 2011, Jin Jin changed to lend KRW 1.7 billion (the facility fund of KRW 1.5 billion, construction fund of KRW 650 million) by reducing the facility fund of KRW 300 million. On March 30, 201, to lend KRW 1.673 billion finally after the collateral review.

On March 30, 2011, the Defendant applied for a tax invoice, certificate of remittance, certificate of full payment of the price, and certificate of ownership attribution prepared with the FF company when the Defendant applied for the “E installed the machinery equipment in accordance with the contract for the installation of machinery and equipment with the FF company.”

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