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(영문) 부산지방법원 2018.06.01 2017고합357

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor for eight years and for one year and six months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[Separate Crimes by Defendant A] Defendant A of 2017 Gohap 357 is a person who was the representative director of the “E” in the third floor of the Do retail business of the 3rd floor of the Dog-gu Busan Metropolitan Government from December 2003 to February 2011.

1. On December 20, 2010, Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim F Savings Bank (hereinafter “F Savings Bank”) to a person in charge of F Savings Bank (hereinafter “F Savings Bank”) credit holder (“F Savings Bank”) as the victim at a non-place on December 20, 2010, G Co., Ltd. as a collateral for loans KRW 2 billion to G Co., Ltd. as a company operating K on online shopping mall site, and on July 2, 2008, changed its mission from L Co., Ltd. as above.

On the other hand, M&A as the parent company of the above company is the KOSDAQ-listed company.

“M” written in the indictment is clear that it is a clerical error in “G,” and such amendment is made as above (see, e.g., 2017 Gohap 372-22, 28, 2017 Gohap 590, 243, etc.). The same applies to the following:

(hereinafter referred to as "G") will transfer the right to claim the price of goods in KRW 2,372,825,00 to the G.

“Agreed Defendant A and G representative director H present a contract for the purchase and transaction of goods, a statement of transaction, a deposit sheet, a certificate of credit transfer, etc., made between Defendant A and G representative director H, and then, they received a loan of KRW 2 billion from the victim F Savings Bank on the same day.

However, the contract for the purchase and transaction of goods with the above G was forged by the defendant A, and the defendant A was not able to provide a security for the equivalent amount of the above loan, and even if the defendant borrowed the above two billion won from the victim F Savings Bank, he did not have the intent or ability to repay the money.

As a result, Defendant A deceiving the Victim F Savings Bank and acquired 2 billion won by deception.

2. On January 21, 201, Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim I Savings Bank (hereinafter “I Savings Bank”) provides a loan of KRW 2 billion to the person who is in charge of the I Savings Bank Co., Ltd. (hereinafter “I Savings Bank”) as the victim at an unspecified place.