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(영문) 대구지방법원 김천지원 2018.02.26 2016고단1251

사기

Text

1. The defendant A shall be punished by imprisonment for one year;

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

2...

Reasons

Criminal facts

Defendant

B On April 12, 2016, the Daegu District Court was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution, and the judgment became final and conclusive on April 20, 2016.

The Defendants, as a form of punishment, operated the original wood processing business (H) F in North Korea-U.S. E.

1. Defendant A was placed in the place where a part of the purchase price for the FF would be paid, and when the operation of the FF would have led to pressure on the payment of funds, Defendant A had no intention or ability to bear the funds, and did not think that the loan was to be used as facility funds for loan purposes, due to the occurrence of credit cards at the time, and did not think that the entire loan was used as facility funds for loan purposes. Defendant A applied for a loan to a forestry cooperative as conditional facility funds for the loan under the name of B, established a “G” company under the name of B, after issuing a receipt in the name of G, and received a loan by submitting it to the forestry cooperative as if expenses were incurred in the collection and crushing of wood.

On August 2014, the Defendant made a false statement to a person in charge of lending funds from a cooperative in the office of the victim-free military forestry cooperative office located in the former non-resident-gun, North Korea, the Defendant made a false statement to the person in charge of lending funds of the cooperative, stating, “The sum totaling KRW 92 million, an amount equivalent to KRW 460 million in the market value, and KRW 368 million in the forest cooperative’s policy funds, as he/she intends to purchase a wood scrap.”

On August 27, 2014, the Defendant was given 368 million won as a loan for facility funds from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

2. In order to facilitate a loan from a forestry cooperative as a conditional facility fund, Defendant B, as described in paragraph (1), with his father, father, H, and victim, who are his father, around August 2014, in order to establish a memorial company, and submit a false receipt, tax invoice, etc. in the name of the company A to the forestry cooperative.