특정경제범죄가중처벌등에관한법률위반(사기)등
Defendant shall be punished by imprisonment for not less than three years and six months.
Punishment of the crime
[criminal record] On November 22, 2012, the Defendant was sentenced to 8 months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Incheon District Court on November 22, 2012, and completed the execution of the sentence at the Incheon Detention Center on July 23, 2013.
[2016Gohap485] After acquiring a company with almost little real sales with D, E, and F, the Defendant conspiredd to acquire a nominal loan, such as corporate card, corporate operating fund, trading fund, etc. by submitting financial statements prepared in a financial institution according to the amount of 10 billion won, even though there was no actual sales record.
Accordingly, on November 2014, the Defendant acquired G Co., Ltd. (hereinafter “G”) with D, E, etc., and subsequently, the Defendant was the head of G’s bar branch, who either formally did not engage in any business activities while employing only 2 or 3 employees, and was actually closed.
Around that time, F, while G’s annual sales in 2011 were KRW 323 billion, KRW 5.761 billion; KRW 440 million in annual sales in 2012; KRW 9.2 billion in annual sales in 2013; KRW 9.657 billion in annual sales in 2013; KRW 9.657 billion in annual sales in 2014; KRW 10.999 billion in annual sales in 2014; and provided the Defendant, D, E, etc. with a financial statement in the name of tax accountant I who processed annual sales in 2014 KRW 4.99 billion in 2014.9 billion.
1. On November 2014, the Defendant conspired to obtain a credit loan under the name of the president of Gba branch with E, etc. in accordance with D’s instructions, and to acquire such loan by taking credit loans under the name of the president of Gba branch on the first hand.
Accordingly, on November 2014, the Defendant received the proposal from D to “I am for a person with good credit to the head of the branch office, I am for a person with good credit. I am for the commencement of business by obtaining an individual loan under his name. I am for the first time,” and around that time, the Defendant recruited H, K, L, and M as the candidate for the chief of the branch office.
E shall be H, K, L, or L, according to the direction of the Defendant and D.