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(영문) 수원지방법원 2017.01.12 2016고단3684

사기

Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendants' right of defense, part of the facts charged was legally adopted and investigated by this court.

Defendant

B is the actual representative director of Seocho-gu Seoul Metropolitan Government G Co., Ltd. (business closure on July 2015) located in the Seocho-gu Seoul Metropolitan Government F3, and the defendant A is a person who has served as the head of the headquarters for overall management of the above company.

around August 2013, the Defendants operated the above company and did not pay wages and taxes properly. Defendant A needed personal funds, and Defendant A resolved to prepare and use money by using “the former gold loan system” that is not easily discovered even if a false loan contract was concluded due to negligence in management, such as the formal examination of financial institutions, and intended to acquire funds from the victim Korea CTR Bank Seocho branch.

Accordingly, on August 5, 2013, at the Seocho-gu Seoul, Seocho-gu branch office of the victim bank located in 18 Seocho-gu, Seocho-gu, Seoul, the defendant A set up a pledge on the claim for the repayment of deposit money, and without the framework, the principal and interest will be repaid to the person in charge of the above branch office H by leasing the leased amount of KRW 200 million to the person in charge of the above branch office of the Seoul, Nowon-gu, Seoul, 101, 1506, the leased amount of KRW 124 million out of the leased deposit.

In applying for a loan to “,” the same day, along with “a written promise to establish a pledge right and to return a deposit under the name of Defendant B” and “a written contract to establish a pledge right under the name of Defendant A” prepared by the Defendants at the office of an authorized broker located in Seocho-gu Seoul, Seocho-gu, Seoul, and Defendant B, as if the above lease contract was true, is a real deposit for the victim bank that prepared a “written promise to establish a pledge right and to return a deposit” and completed the said house in the course of the loan as if the above lease contract was true.