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(영문) 부산지방법원 2014.10.16 2014고단3169
사기등
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

Punishment of the crime

From June 16, 2010 to April 30, 2012, the Defendant served as the (ju) representative director from June 16, 2010 to April 30, 201, and served as the E (ju) representative director from February 22, 201 to November 8, 2012, and was in charge of business activities, such as ordering construction works.

1. On December 2010, the Defendant made a false statement to the effect that “The Defendant, as an internal director of the said company, was able to purchase the said company’s H site 3,590 square meters at a price lower than the market price due to a public sale, was at the point of origin of the SK securities, at the point of origin of the FK securities, and was to receive a loan for the construction cost in the event of construction on the said land. When transferring KRW 300 million to the bid bond, the Defendant would be able to obtain a successful bid without the prime page.”

However, even if the above victim received funds, it was thought that it would be used for the defendant's personal debt repayment, etc., and there was no intention or ability to receive a successful bid by public sale.

The Defendant, by deceiving the above G, established the Victim E (State) around February 22, 201, and deposited KRW 300 million in the Agricultural Cooperative Account in the name of E (State) on February 25, 2011, and acquired the said KRW 300 million by deceiving the said G to transfer the said KRW 300 million to the SK Securities Account in the name of the Defendant and the Defendant’s wife’s name.

2. On December 2010, the Defendant: (a) at the office of the said state (D) around December 2010, the Defendant, as an internal director of the said company, was permitted to enter into a sales contract for the said land and file an application for a PF loan, etc. with the said G to the effect that “The construction work on the ground may be paid by purchasing from the Korea Land and Housing Corporation the said company jointly with J, etc. of 625 square meters of the I site 625 square meters; (b) upon paying the down payment, the Defendant may pay the balance from the SK Securities to (D).”

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