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(영문) 광주지방법원 2019.07.04 2018고단2556

사기

Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. On December 12, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Gwangju District Court on December 12, 2017, and the judgment was finalized on May 18, 2018.

【Criminal Facts】

The Defendant is a person who actually runs Co., Ltd. (hereinafter referred to as “C”) in Gwangju North-gu.

As the Defendant, in the distribution of medical devices, obtained the right to purchase the CTK, which was produced in the manufacturing industry and Italy operated in the CTK, the financial aggravation of the remainder of the CTK, and obtained a guarantee of KRW 100 million from the Korea Credit Guarantee Fund, and applied for a loan of KRW 300 million from D Bank during May 2016, which was KRW 150 million, but did not borrow the remainder in the name of the victims, who are employees of the said company. However, even if the Defendant received a loan in the name of the victims, it did not generate profits at the time, and there was no intention or ability to repay the loan, as it was used to repay the existing debts, and there was no think that the loan was used as the funds for the operation of the company.

On May 7, 2016, the Defendant: (a) provided the victim E with a false statement that “I will change a loan in the name of the company one month after obtaining a loan from a D Bank due to a shortage of operating funds; and (b) provided the victim with a loan of KRW 50 million in the name of the victim at the new location of D Bank on May 7, 2016.” (c) obtained a loan of KRW 50 million from the victim at the new location of D Bank on May 7, 2016.

B. On August 2016, the Defendant, at the above C office, concluded that “A victim F would have been repaid within a short period of time if a company’s operating capital was borrowed from D Bank under four names due to a lack of diving,” and that the Defendant, at the new location of D Bank on August 23, 2016, obtained a loan of KRW 61 million in the name of the victim from D Bank to the victim, and acquired the amount equivalent to that.

C. The Defendant on December 2016.

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