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(영문) 서울중앙지방법원 2014.01.06 2013고합683

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year and six months.

However, as to Defendant B, the same shall apply.

Reasons

Punishment of the crime

Defendant

A On October 27, 2011, the Seoul Southern District Court was sentenced to two years of suspension of the execution of imprisonment with prison labor for violating the Commercial Act, etc. on June 5, 2012.

Defendant

A was a representative director of the film producer N Co., Ltd. (hereinafter referred to as “N”), Defendant B was a person who served as the head of the U.S. O in the Bank of Korea, and Defendant C was a person who had no occupation with Defendant A’s birth.

Defendant

A was at the time when Defendant B worked as the head of the Korea Bank P branch, but the said bill was put in discount from the Korea Bank, but it was required to pay KRW 500 million due to the wind of the default. While Defendant A intended to borrow KRW 500 million from Q Q, Defendant A could not lend money to the Defendant A, who is Q, and Q would not lend money to the said Q. Accordingly, Defendant B prepared a loan certificate and borrowed KRW 500 million from Q to the said Q, thereby having the said Q bear the liability of KRW 500 million, and thereafter, Defendant A was urged to pay the said obligation from the above Q, such as creating a provisional attachment and a collateral security at the Defendant’s residence. In fact, Defendant A, who used the said KRW 500,000,000, received a demand for the repayment of the said obligation again from Defendant B.

In addition, Defendant C was required to pay money because the debt was excessive due to the failure of business and the credit was bad.

Defendant

A, B, and C have taken the office of the representative director of R Co., Ltd. (hereinafter “R”), and it was required to purchase the real estate of 1,2, and 300 million Won in Msan-si, Masan-si (hereinafter “instant real estate”), which was held by R, to purchase the real estate of 1, 2, and 300 million won in the initial purchase performance guarantee amount. By using the purchase procedure of the said real estate, Defendant A and B received money as money as the purchase performance guarantee amount, and Defendant C used the said money for personal purposes, such as the repayment of debt to Q, and Defendant C used in order to pay personal debt.

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