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(영문) 서울중앙지방법원 2014.12.26 2013고단4739

사기

Text

Defendant

A Imprisonment with prison labor for a year and six months, for a defendant B to six months, and for a defendant C to eight months, respectively.

(b).

Reasons

Punishment of the crime

Defendant

A on August 16, 2011, at the Seoul Eastern District Court, sentenced the suspension of the execution of two years to eight months of imprisonment for fraud, which became final and conclusive on August 24, 201.

Defendant

A is the actual operator of F F Co., Ltd. established for the purpose of manufacturing clothing goods (hereinafter referred to as F). The fact that F does not have the export performance at all but has produced export and transaction performance, and used it to obtain trade financing loans from the victim new bank under the guarantee of the Korea Export Insurance Corporation, the Korea Export Insurance Corporation (F) and to acquire them by fraud.

As a result, Defendant A requested H to prepare false documents necessary for the trade financing loan through G, and Defendant C to enter the above loan as joint and several sureties, Defendant B to receive the prescribed price, and Defendant B to be offered a security for the above loan without any guarantee power, and Defendant A entered Defendant B as a director of the above company and the network I as representative director of the above company on July 30, 2008. < Amended by Presidential Decree No. 20423, Aug. 14, 2008>

On August 25, 2008, the Defendants submitted loan documents, such as the F's commercial status table, purchase confirmation for foreign exchange earnings, export performance confirmation, and financial statements, to the J, who is an employee in charge of the said H, at the middle-dong branch of the victim bank located in Seocheon-gu, Jungcheon-gu, 1033-3, Jung-gu, Seoul, and then entered into a credit transaction agreement with the victim bank on August 26, 2008 by receiving the guarantee guarantee guarantee amount of KRW 100 million from the Korea Export Insurance Corporation through the victim bank through the Korea Export Insurance Corporation, with the guarantee guarantee amount of KRW 125 million.

However, related documents, such as the above commercial situation table and the export performance certificate, were false and stolen, and even if Defendant A obtained trade financing loans, Defendant A did not have the intent or ability to repay the loans.

Nevertheless, the Defendants conspired with each other as above.