특정경제범죄가중처벌등에관한법률위반(사기)
The defendant is innocent.
1. The summary of the facts charged [basic facts] The defendant was the representative director of E from 2003 to 2007, and F is the de facto representative director of the victim G corporation established for the purpose of real estate development, sale, lease, management business, etc. from 2004 to 2004, and the victim H was the actual representative director of G from 2004 to 2009. The victim H was the actual manager of F and was the representative director in the name of G from 2004 to 2009.
Around August 2007, the Defendant: (a) at the G office located in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) even if the Defendant did not lend KRW 1 billion to F, the Defendant was given consent from F on the ground that “I lend money to F, as it is very low between the J of the Busan Savings Bank and the J of the Busan Savings Bank and it is necessary to repay the money; and (c) if there is a request for the loan, it would be reasonable to grant a loan from H to lend KRW 1 billion with the loan in its name.”
The Defendant and F: “F and H borrowed a total of KRW 1 billion from the Defendant on September 16, 2005; KRW 150 million on February 23, 2006; KRW 300 million on July 11, 2006; KRW 350 million on August 16, 2006; KRW 150 million on February 23, 2006; KRW 4,000,000 on the loan written in F and H’s joint name; and KRW 50 billion on the loan written in Busan Savings Bank Co.,, Ltd. (hereinafter “UB Savings Bank”) and applied for a loan of KRW 1 billion on July 23, 2006.”
Accordingly, the Busan Savings Bank extended a loan of KRW 1 billion in the name of H on condition that F and G guarantee, but the purpose of the loan was to pay KRW 1 billion to the defendant.
【Criminal Facts】
The Defendant, as seen above, was detained in embezzlement, etc. on October 15, 2008 when the F was kept in custody of the loan without returning the loan certificate even after having obtained the loan by using a false loan certificate, and the F deducteds the G and F’s property.