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(영문) 울산지방법원 2015.01.09 2014고합223
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The summary of the facts charged is that the Defendant, from September 2005 to March 2007, was a director in charge of integrated purchase (foreign official director) from E Co., Ltd. (hereinafter “E”), a person who had worked as a regular business from around April 2007 to June 2008, and from around July 2008 to February 2009.

In order for E to raise the sale rate and secure the financial liquidity of D apartment units in Gyeongsan F (hereinafter “instant apartment units”), which were being constructed in around 2006, the management board of directors prepared a false sales contract against E collaborative companies under the name of its executive officers and employees under the construction contract terms, as if they were actually sold in the name of the partner company, and applied for an intermediate payment loan from financial institutions, and used it for the company construction cost, etc. after receiving loans from financial institutions. The development one team has proposed an implementation proposal, and G approves the representative director, and G is to implement the said plan by ordering the Defendant, the director in charge of the E-integrated purchase, who was the general manager in charge of selecting the construction company, to name the buyer and to lend part payments to the subcontractor.

Therefore, around August 2006, the Defendant requested the J, the representative director of the E office located in Changwon-si, to lend the name of the buyer under the condition that the waterproof construction of the apartment of this case would be a negotiated contract. The name lender recruited five persons from the name lender J and its employees, the representative of the above I (State) under the condition that he will deposit part of the down payment and the intermediate payment interest of the apartment of this case in E.

Accordingly, at the D apartment sales office located in the F of Busan Metropolitan City around September 18, 2006, the defendant, the representative of I (State), had J, the name holder of I, prepare a sales contract as if he actually sold D apartment Nos. 110 1001 and 1001, and paid 4.5 million won out of the down payment around December 22, 2006, E.

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