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(영문) 서울남부지방법원 2013.08.16 2012고합583
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for three years and fines for 660,000,000 won, Defendant B for one year and six months, and Defendant C for a corporation.

Reasons

Punishment of the crime

Defendant A, the representative director of Yeongdeungpo-gu Seoul Metropolitan Government I, who operated C (hereinafter referred to as “C”) a software development and supply company, and Defendant B was the management director of C in charge of funds.

Defendant

B concluded a contract for the purchase of H/W equipment with the J Co., Ltd. (hereinafter “J”) (hereinafter “instant contract”) with Defendant A to obtain a loan from the Korea Software Mutual Aid Association (hereinafter “victim”) as security for future sales claims arising under the instant contract, and Defendant A agreed to accept and obtain a loan.

On April 2, 2008, at the office of the damaged union in Mapo-gu, Seoul Metropolitan Government 1605 Mobow Quaker 8, the Defendants requested L, an employee in charge of loans of the victimized union, to provide loans of KRW 1.6 billion as security for the above K system's loan. On the ground that the above K system's loan was used only for the purchase of H/W equipment, the Defendants were able to purchase the above K system and deliver it to J and pay the loan with the cost of equipment received from J.

However, the fact that C is obliged to repay the debt of financial institutions of approximately KRW 3.1 billion at the time, and it was thought that C would receive the loan from the damaged union to repay the existing loan, and since C could not use the loan to purchase the above equipment and supply it to J, it was impossible for C to repay the loan to the damaged union.

The Defendants, on April 4, 2008, transferred KRW 1,438,123,840 to the bank account in the name of C after deducting interest from the above loans.

As a result, the Defendants conspired to induce the damaged association to receive KRW 1,438,123,840.

Defendant A of Yeongdeungpo-gu Seoul Metropolitan Government M building 801.

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