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(영문) 전주지방법원 2019.05.29 2018고단1833

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[former Fact] The Defendant is a person working as the head of the former North Korean branch office of C Co., Ltd. (hereinafter referred to as “C”) that is an affiliate company of C Co., Ltd. to manufacture and sell compounding, and the victim D Co., Ltd. (hereinafter referred to as “victim”) is a corporation operating installment financing business. On January 2014, the victim Co., Ltd and the victim Co. entered into a comprehensive business agreement with the victim Co., Ltd. to pay the purchase price directly to C and receive monthly payment from the purchaser.

On the other hand, C had entered into a business agreement similar to the above victim company even before the date, but under the above agreement, E Bank should provide joint and several sureties with respect to installment financing of the purchaser, and accordingly, it could sell the goods within the scope of security.

However, G, which had been operating F, had been offered as security the H security amounting to KRW 20 million by obtaining installment financing loans from E Bank from E Bank, but began to be a problem within C by purchasing goods above security while expanding its business.

【Criminal Facts】

The Defendant: (a) was committed on the part of the victim company, which is able to obtain installment financing loans from the buyer without being able to obtain security from the buyer without being able to obtain the loan from the victim company; (b) was given the loan from the victim company; and (c) was able to resolve the above problem; and (d) repaid the installment loans to the existing E bank with the above loan, thereby discharging C’s joint and several liability obligations for the E bank.

Accordingly, the Defendant, around November 17, 2016, stated that “G purchases the 15 composite unit of C and made a request for installment financing,” among employees of the victim company, at the office of the former branch of the C Jeonbuk-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.”