beta
(영문) 서울남부지방법원 2016.11.04 2016고단3056

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant recommended F as the representative director under the name of the former corporation D(E) in both weeks, and received the loan from F to distribute among accomplices, and F is the representative director of the same corporation, and G is a person who has applied for the loan of the same corporation through a financial hub.

The Defendant, F, G, etc. acquired D, a de facto crisis in the closure of business due to the lack of the sales performance, and fabricated the details of purchase and sale by falsity, prepared a false financial statement, and conspired to obtain a loan from a bank, etc. after receiving necessary documents for the loan.

According to such public offering, the Defendant, F, G et al. took over the company E, which had no record of purchase on or around May 2014, and changed the trade name to D, and the sales amount of D Co., Ltd. was equivalent to KRW 1.5 billion in 201, KRW 3.5 billion in 201, KRW 3.5 billion in 2012, KRW 4.3 billion in 2013, KRW 4.5 billion in 2014, and prepared a false financial statement as if the amount was equal to KRW 4.5 billion in 2014, and prepared a false financial statement as if the financial institution had a factory leasing contract document in preparation for the actual intention

1. Around October 27, 2014, the Defendant, F, and G, etc. prepared false financial statements with respect to the victims of foreign exchange banks, and submitted false financial statements, etc. to the lender at the Central Branch of the Victim Exchange Bank in Seocho-gu Seoul, Seocho-gu, Seoul, with respect to the amount equivalent to KRW 1.5 billion in 201, KRW 3.5 billion in 201, KRW 4.3 billion in 2013 billion in 201, KRW 4.5 billion in 2013, and KRW 4.5 billion in 2014.

However, in fact, D had no intention or ability to repay the loan even if it received the loan from 2011 to 2014.

Nevertheless, the defendant is F, G, etc.