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(영문) 의정부지방법원 2016.08.08 2016고단2524

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, as the representative director of Ku Government-si (State) DD Construction, is a person who received from around August 18, 2004 a guarantee from the Korea Credit Guarantee Fund and operated the above company with loans from financial institutions on the basis of the said guarantee.

On November 201, the Defendant issued a false tax invoice in the name of the E company operator that used equipment from the E company in the process of lending corporate purchase funds by taking advantage of the fact that it is possible to lend a loan and the actual use of the loan after the loan is not confirmed, while having experienced difficulties due to the shortage of operating funds of the above company, and received the above corporate purchase funds from the financial institution.

On November 29, 201, the Defendant filed an application for a loan of corporate purchase funds with the name of the Victim’s Bank (“Defendant”) to an employee in the name of the Victim’s Bank in the foregoing (State) D office under the pretext that he/she leases and uses equipment from the E company. On November 30, 2011, through G (State) through G, the Defendant’s employee, for the use of equipment from the E company, and submitted the account statement for sales of KRW 137,50,000 in the value of supply of E Company F issued by the E company as if he/she used equipment from the Defendant’s employee, and submitted the account statement for the above sales to an employee in the name of the Korean bank. On December 29, 2011, the Defendant issued the account statement for sales of KRW 132,00,000 in the amount of supply of E Company F issued by the E company through the above G and submitted the account statement for sales to the employee in the name of the Korean bank.

Accordingly, on December 29, 201, the Defendant was delivered KRW 269,500,000 to the national bank account in the above F name as a loan for corporate purchase on or around December 29, 201, by deceiving the victim's national bank.

Summary of Evidence

1. The defendant's statement in court;