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(영문) 서울북부지방법원 2017.05.11 2016고단5039
사기
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. On June 4, 2006, Defendant A established and operated (State)G for the purpose of the comprehensive wholesale business of goods.

On February 2, 2013, the Defendant, the business partner (State) representative director of the HH, instructed the financial difficulties at present because it is difficult for the Defendant to obtain a loan or guarantee under the name of the JJ creation Corporation in Gyeonggi-si, and (State) H.

If a guarantee and loan for facility funds is filed at the actual construction cost, the total construction cost shall not be guaranteed and loaned.

When the construction of the Corporation is completed, part of the factory will be sold.

In relation to the new construction of a factory (State), K (State) which is the contractor of the new construction of a factory and the construction cost are fixed, and by using the contract, the security and loan of facility funds is granted, and the loan is changed."

On June 7, 2013, the Defendant: (a) entered into a contract for new factory construction works with the employee in charge of the charge (excluding value-added tax) at a high-level branch office of the Victim Gyeonggi-gu Office located on the second floor of the building located in the second floor of the building located in the Seo-gu, Seo-gu, Seo-gu, Busan-gu (hereinafter “victim Foundation”); and (b) entered into a contract for the credit guarantee with the employee in charge of the charge (excluding value-added tax) at the cost of the construction; (c) KRW 300,00,000 (excluding value-added tax) out of the above construction cost; and (d) appropriated the Industrial Bank as loans; and (d) applied for a credit guarantee with the effect that the remainder would cause damage to the guarantee for the loans of the Bank; and (e) submitted a contract between G and K (State) on March 15, 2013.

However, at the time of guaranteeing facility funds, the victim foundation determines the provisional amount and the amount of guarantee by comprehensively examining the necessity of the planning project, the ability to bear self-financing, and the methods of raising funds for others, and the person who has received the guarantee of facility funds shall use the loan through the guarantee only for the installation cost of the facility. In fact, the above contract of contract is about 300,000,000 won, which is the actual cost of the contract, and is about 436,000,000 won.

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